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ANCIENT  FACTS  AND  FICTIONS 


CONCERNING 


CHURCHES  AND  TITHES 


ANCIENT 

FACTS   AND   FICTIONS 


CONCERNING 


CHURCHES   AND   TITHES 


BY 

ROUNDELL,  EARL  OF  SELBORNE 

/I 

AUTHOR   OF 
'A    DEFENCE   OF   THE    CHURCH    OF   ENGLAND    AGAINST   DISESTABLISHMENT' 


SECOND  EDITION 
WITH  A  SUPPLEMENT  CONTAINING  REMARKS 

ON    A 

RECENT  HISTORY  OF  TITHES 


n 


Hontion 

MACMILLAN    AND    CO. 

AND    NEW    YORK 
1892 

A II  7-ighfs  reso-vcd 


^Y77/ 


SPRECKas 


Fz'rst  edition  printed  1888.    Second  edition  1892. 


TO 
MY  VERY  DEAR  BROTHER 

EDWIN    PALMER,     D.  D. 

ARCHDEACON  OF  OXFORD  AND  CANON  OF  CHRIST  CHURCH 

THIS  BOOK  IS 

AFFECTIONATELY  INSCRIBED 


I  04485 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/ancientfactsfictOOselbrich 


PREFACE 

My  purpose  is  to  examine,  in  the  following  pages,  more 
fully  and  critically  than  was  possible  in  a  former  work,^  some 
historical  questions,  which,  although  they  have  not  any  real 
bearing  upon  controversies  of  the  present  day,  are  some- 
times represented  as  if  they  had,  in  a  way  which  makes 
it  desirable  that  the  facts  concerning  them  should  be 
understood.  In  my  former  work  I  preferred,  whenever  it 
was  possible,  to  support  my  statements  on  those  subjects  by 
the  authority  of  other  writers,  particularly  Selden;  whose 
views  I  regarded  as  generally,  though  not  on  every  point, 
accurate.  We  have  now  the  benefit  of  many  great  collec- 
tions, made  since  Selden's  time,  of  ecclesiastical  and  histori- 
cal documents ;  and  manuscripts,  with  which  he  was  not 
acquainted,  have  been  published  or  brought  to  light.  The 
advantages  which  we  so  possess  leave  room  for  something 
to   be   added   to   his    researches,    sometimes    by   way   of 

^  Defence  of  the  Church  of  England  against  Dtsestablishmettt  (Mac- 
millan,  3rd  ed.  1887). 


Vlll  PREFACE 


verification  or  illustration,  sometimes  by  way  of  correction 
and  supplement. 

The  period  of  time  which  the  present  work  is  intended 
to  illustrate  is  that  which  preceded  the  Norman  Conquest 
of  England.  It  is  divided  into  two  parts;  the  first  relating 
to  Continental  Churches,  a  knowledge  of  whose  laws  and 
customs  (though  different  from  our  own)  may  frequently 
throw  useful  light  upon  those  of  this  country ;  the 
second,  to  the  Anglo-Saxon  Church.  In  the  second  part 
some  space  has  been  necessarily  devoted  to  the  criticism 
of  ancient  documents  \  which  (although  I  am  sensible  that 
it  may  make  a  considerable  demand  upon  the  patience  of 
my  readers)  was  indispensable  for  the  purpose  which  I  had 
in  view.  The  work,  in  its  general  conception,  may  perhaps 
be  best  described  as  an  attempt  to  trace  the  course  of  those 
developments  of  early  ecclesiastical  institutions,  which  re- 
sulted in  the  formation  of  the  modern  parochial  system,  and 
its  general  endowment  with  tithes. 

In  the  preparation  of  the  materials  for  this  work,  I  have 
received  ready  and  courteous  assistance  (for  which  I  desire 
to  return  my  grateful  acknowledgments)  from  the  principal 
librarian,  and  keeper  of  the  manuscripts,  of  the  British 
Museum,  and  their  Assistants ;  and  also  from  the  authori- 
ties of  the  Bodleian  Library,  particularly  Falconer  Madan, 
Esq.  And  to  the  Rev.  S.  S.  Lewis,  Fellow  and  Librarian 
of  Corpus  Christi  College,  Cambridge,  and  the  Master  and 


PREFACE  IX 


Other  members  of  that  learned  Society,  I  owe  thanks,  not 
only  for  the  facilities  given  to  me  while  consulting  some  of 
the  manuscript  treasures  of  their  library,  but  for  the  more 
than  ordinary  personal  kindness  with  which  those  facilities 
were  accompanied.  Nor  can  I  be  silent  as  to  my  obliga- 
tions to  my  brother,  the  Archdeacon  of  Oxford  (to  whom 
this  volume  is  inscribed),  for  most  valuable  help  received 
from  him  in  many  ways. 


December  1887. 


I  have  been  enabled  in  the  present  Edition  (besides  some 
other  new  matter)  to  carry  forward,  beyond  the  point  which 
it  had  reached  in  the  First  Edition,  my  investigation  of 
some  of  those  ancient  documents  mentioned  in  the  fore- 
going Preface;  particularly  the  Exeter  Penitential,  No.  718, 
in  the  Bodleian  Library,^  and  Bishop  Leofric's  Rule  for 
Secular  Canons  (No.  12  of  Wanley  and  191  of  Nasmith), 
in  the  Library  of  Corpus  Christi  College,  Cambridge.^  As 
to  the  former,  I  had  the  opportunity,  when  at  Rome  in 
January  1888,  of  collating  with  it  two  manuscripts  in  the 
Vatican  Library,  which  had  been  erroneously  supposed  to 

^  Post,  pp.  229,  230,  235-241,  and  Appendix  C. 
2  Post,  pp.  263-268. 


PREFACE 


be  copies  of  it,  but  from  both  of  which  all  that  was  material 
to  my  subject  in  the  Bodleian  manuscript  is  absent.  The 
latter  I  have  now  traced  to  its  source,  in  the  Galilean  Rule 
for  Canons,  enlarged,  after  the  Council  held  at  Aix-la-Chapelle 
in  A.D.  8 1 6,  from  that  given  by  Chrodegang  in  King  Pippin's 
time  to  three  churches  at  Metz. 


CONTENTS 


INTRODUCTION,  pages  1-20 

Church  and  State  on  the  Continent  of  Europe  under  the  Frank  Kingdom 
and  Empire,  i,  2,  Legislation,  3,  4.  Judicature,  4,  5.  Faith  and 
Ritual,  5,  6.  Church  Appointments,  6,  7.  The  Papacy,  8.  Roman 
Canon  Law,  Dionysius  Exiguus,  9.  Ansegisus,  10.  Benedict  the 
Levite,  10,  11.  Ingilram,  11- 13.  Isidore  '  Mercator,'  13-18. 
Letter  of  Clement  to  St.  James,  14,  15.  Donation  of  Constantine, 
15-18.  Regino,  Burchard,  and  Ivo,  18,  19.  Q.X2X\2Xi^  Decreium^ 
19,  20.     Later  Roman  Canon  Law,  20. 


PART    I.— CONTINENTAL 
CHAPTER   I 

CHURCH    REVENUES    AND    RULES    OF    DISTRIBUTION, 

pages  23-45 

Patrimony  of  the  Poor,  23,  24.      Episcopal  Authority,  24-26.      Local 

,    Customs,  26,  27.     Roman  rule  of  Quadripartite  Division,  27,  28. 

Apportionment  not  numerically  equal,  29.     Quadripartite  Division 

beyond    Italy,    29-32.      Tripartite    Division,    32-37.       Capitulare 

Episcoporum,  37-45. 

CHAPTER    II 

CONTINENTAL    LAWS    AS    TO    TITHES,  pageS  46-68 

Before  Charlemagne,  46-49.  Legislation  of  Charlemagne  and  his 
Successors,  50,  51.  Witnesses  and  Compulsion,  51-54.  Ancient 
Baptismal  Churches,  and  their  Rights,  54-63.  Irregular  Appro- 
priations of  Tithes,  63-68. 


Xll  CONTENTS 


CHAPTER    III 

PRACTICAL  WORKING  OF  THE  CUSTOMS  OF  APPORTIONMENT, 

pages  69-80 

Bishop's  Share,  69.  Share  of  Clergy,  70,  71.  Fabric  Fund,  71-74. 
Poor's  Fund,  74,  75.  Houses  of  Reception,  75-77.  '  Matricu- 
larii,'  77-79.     Participation  of  the  Monastic  Orders,  79,  80. 

CHAPTER    IV 

TRANSITION    TO    THE    PAROCHIAL    SYSTEM,  pagCS  81-96 

Private  Oratories,  81-84.  Ordinances  of  Louis  the  Pious,  84-86. 
Their  results,  87,  88.  Subdivision  of  Rural  Parishes,  88,  89. 
Parochial  Revenues  not  apportioned,  90,  91.  Modern  Roman 
Canon  Law,  91,  92.  Presumption  as  to  Parochial  Tithes  in  the 
twelfth  century,  93.  Van  Espen  as  to  Parochial  Benefices,  93-95. 
French  Jurisprudence  on  the  same  subject,  95,  96. 


PART    II.— ANGLO-SAXON 


CHAPTER   I 

FIRST    PERIOD FROM    AUGUSTIN    TO    THE    DEATH    OF 

ARCHBISHOP   THEODORE,  pages  9 9- 1  23 

Preliminary,  99.  Original  British  Church,  100-102.  Gregory  the 
Great,  as  to  Church  Revenues  in  England,  102-105.  Archbishop 
Theodore  as  to  Tithes,  106,  107.  Bede,  107,  108.  Pope  Gregory's 
Instructions  as  to  Diocesan  Organisation,  108,  109.  Progress  of 
Diocesan  Organisation  under  Aixhbishop  Ilonorius,  109,  1 10 ; 
under  Theodore,  110-112.  Parochial  system  not  introduced  by 
Honorius,  Ii2-ir6;  nor  by  Theodore,  1 16-123. 


CONTENTS  xiii 


CHAPTER    II 

SECOND   PERIOD BEDE,   BONIFACE,  ARCHBISHOPS    CUTHBERT 

AND  EGBERT;  KINGS  INA,  WIHTRAED,  OFFA,  pages  I24-143. 

Introductory,  124- 1 26.  Monastic  Baptismal  Churches,  126,  127.  Secular 
Laws  of  King  Ina,  127,  'Privilege'  of  King  Wihtraed,  127,  128. 
Letters  of  Boniface,  128,  129.  Bede's  Letter  to  Archbishop 
Egbert,  129-133.  Archbishop  Cuthbert's  Canons,  133-136.  Epis- 
copal Power  as  to  Revenues,  137,  138.  Fictions  as  to  Grant  of 
Tithes  by  OfFa,  King  of  Mercia,  138-143. 

CHAPTER    III 

SECOND    PERIOD LEGATINE    INJUNCTIONS    OF    CHALCHYTH, 

A.D.  785-787,  pages  144-168 

Legatine  Injunction  as  to  Tithes,  144,  145.  Causes  of  the  Legatine 
Mission,  146-152.  Character  of  the  Legatine  Injunctions,  152-155. 
The  Legates'  Report:  known  from  the  Magdeburg  'Centuries,' 
153,  154  ;  confirmed  by  Archbishop  Odo's  Injunctions  in  the  tenth 
century,  154,  155.  The  Legates'  Narrative,  155-158.  Character 
and  Constitution  of  the  Legatine  Synods,  159.  Internal  Evidence, 
160-167.  Their  Relation  to  the  Constitutions  of  Archbishop 
Cuthbert's  Council  (a.d.  747),  168, 


CHAPTER    IV 

THIRD   PERIOD FROM   OFFA   TO   EDMUND RETROGRESSION 

AND   DECAY,  pagCS   1 69- 1  85 

Ravages  of  the  Danes,  169-171.  Consequent  Diocesan  Changes,  171. 
General  Decay  of  Learning,  172.  Other  Causes  of  Decay,  172, 
173.  Effect  on  the  older  Church  Organisation,  173.  Archbishop 
Wulfred's  Canons,  174-177.  Opinions  of  Selden  and  Lingard  as 
to  Parishes  in  the  ninth  century,  177,  178.  Pope  Leo  the  Fourth's 
Decretals,  179.  Treaty  between  Edward  the  Elder  and  Guthrum, 
179-183.     King  Athelstan's  Tithe  Ordinance,  183-185. 


XIV  x(:0N7'ENTS 


CHAPTER    V 

THIRD    PERIOD KING    ETHELWULF's    CHARTERS, 

pages  186-206 

History  of  the  opinion  that  King  Ethelwulf  made  a  Grant  of  Tithes, 
186,187.  Traditions  of  Chroniclers,  187-192.  Selden's  Interpret- 
ation, 192-195.  Extant  Charters,  195-206.  Enfranchisement  of 
Foldand  their  real  object,  196-198.  First  General  Charter  of 
A.D.  844,  199-204.  Second  General  Charter  of  a.d.  854,  204,  205. 
Conclusions  of  recent  Critics,  205,  206. 


CHAPTER    VI 

FOURTH  PERIOD PRIMACIES  OF  ODO  AND  DUNSTAN, 

pages  207-226 

New  Relations  between  England  and  the  Continent,  207,  208.  Arch- 
bishop Odo,  208.  The  Reforming  Triumvirate,  208,  209.  Oswald, 
Bishop  of  Worcester,  and  his  Foreign  Associates,  209-211.  Ethel- 
wold,  Bishop  of  Winchester,  211,  212.  Dunstan,  Archbishop  of 
Canterbury,  212.  Council  of  Winchester  and  Regtdaris  Concordia, 
213-216.  Dunstan's  Canons,  enacted  under  King  Edgar,  216-218. 
King  Edmund's  Laws,  218,  219.  Edgar's  Laws,  219-221. 
Effects  of  Edgar's  Tithe  Legislation,  222-226. 


CHAPTER    VII 

FOURTH  PERIOD ECCLESIASTICAL  LITERATURE  :    THE 

EGBERTINE  COMPILATIONS,  pageS  227-246 

Introductory,  227-230.  Worcester  '  Excerptions '  in  the  Library  of 
Corpus  Christi  College,  Cambridge,  230-234.  Exeter  *  Penitential ' 
in  the  Bodleian  Library,  235-241.  Fragment,  copied  from  Exeter 
'Penitential,' in  National  Library  at  Paris,  229,  236.  Worcester 
'Excerptions'  in  Cottonian  Collection,  241-246. 


CONTENTS  XV 


CHAPTER   VIII 

FOURTH    PERIOD — AELFRIC   AND    OTHER   WRITERS    OF    THE 
GALLICAN    SCHOOL,  pagCS  247-2  70 

Canterbury  Statuta  Synodoriim  (now  lost),  247-249.  Aelfric  'the 
Grammarian,'  249-254.  Aelfric's  'Canons,'  255-262.  Gloss  on 
Dunstan's  Canons,  263,  264.  Bishop  Leofric's  Rule  for  his 
Chapter  at  Exeter  (falsely  attributed  to  Theodore),  264,  265.  Its 
Contents  and  History,  266-270, 


CHAPTER   IX 

FOURTH   PERIOD — LEGISLATION  OF  ETHELRED  AND   CANUTE, 

pages  271-293 

Ancient  Latin  Translations  of  Anglo-Saxon  Laws,  271,  272.  Ordinances 
of  Habam,  272,  273.  Council  of  Enham,  and  Ordinance  of  A.D. 
1008,  273-278.  Ethelred's  supposed  Law  for  Partition  of  Tithes, 
278-287.     Canute's  Laws,  287-293. 


CHAPTER   X 

FOURTH    PERIOD — FINAL    SETTLEMENT    OF    THE    PAROCHIAL 

SYSTEM,  pages  294-316 

Summary  of  Laws  as  to  Tithes,  down  to  Canute,  294,  295.  Course  of 
Transition  to  modern  Parishes,  295-298.  Canute's  Letter  from 
Rome,  298,  299.  'Ecclesiastical  Institutes,'  299,  300.  Laws  of 
Edward  the  Confessor,  300-304.  Laws  of  William  the  Conqueror, 
304-306.  Laws  ascribed  to  Henry  I.,  306,  307.  Endowments 
of  Parish  Churches  with  Tithes,  307-316. 


XVI  CONTENTS 


APPENDICES 

Appendix  A. — Capitulare  Episcoponim  {KvL^-xva  and  Metz  Texts,  and 
those  of  the  Bodleian  and  the  two  Worcester  manuscripts  of 
'Egbertine'  Compilations,  collated),  317-323. 

Appendix  B. — Comparison  of  corresponding  passages  in  Archbishop 
Odo's  Injunctions  and  the  Legatine  Injunctions  of  a.d.  785-787, 
324-326. 

Appendix  C. — Comparison  of  the  Exeter  *  Penitential '  Volume  in  the 
Bodleian  Library,  No.  718,  with  the  Vatican  (Palatine)  Manuscript, 
No.  1352,  327-331. 

Appendix  D. — Comparison  of  the  'Excerptions'  of  Canons,  etc.,  in 
the  Worcester  Manuscript  belonging  to  Corpus  Christi  College, 
Cambridge  (No.  265  of  Nasmith),  with  those  in  the  Cottonian 
Manuscript  (Nero  A.  i),  332,  333. 

Appendix  E. — Comparison  of  Church-Grith  (the  document  containing 
the  supposed  law  of  Ethelred  as  to  a  partition  of  tithes)  with  the 
corresponding  provisions  of  Canute's  Laws,  334-346. 

Appendix  F. — Letter  of  Pope  Leo  IX.  to  King  Edward  the  Confessor, 
urging  the  removal  of  the  See  of  Crediton,  and  its  bishop,  Leofric, 
to  Exeter,  347. 

Appendix  G. — Clauses  in  the  Exeter  Rule  of  Life  for  Canons,  relating 
to  meals  and  the  dormitory,  348-350. 

Appendix  H. — Consecration  Charters  of  Churches  endowed  by  their 
Founders  at  the  time  of  consecration  with  tithes,  351-352. 

Appendix  I.— Ancient  grants  of,  or  compositions  as  to,  tithes,  353-357^ 

Appendix  J.— Bishop  Kennett  and  Selden,  358-361. 

SUPPLEMENT 
Remarks  on  a  Recent  '  History  of  Tithes,'  364-402. 


INTRODUCTION 

As  I  shall  have  frequent  occasion  to  refer  to  the  civil 
legislation  of  the  Frank  kingdom  and  empire  concerning 
ecclesiastical  affairs,  and  to  the  Roman  Canon  Law,  some 
preliminary  observations  on  the  relations  of  the  Ecclesi- 
astical to  the  Civil  Power  down  to  the  end  of  the  tenth 
century,  and  upon  the  gradual  development  of  Roman 
Canon  Law,  may  be  desirable. 

§  I.   Church  and  State. 

It  is  unnecessary  to  inquire  whether  the  patriarchal 
authority  of  the  Popes  in  Western  Christendom,  and  the 
precedence  conceded  to  the  See  of  Rome  even  in  the  East, 
arose  out  of  the  tradition  which  represented  the  Apostles 
St.  Peter  and  St.  Paul  as  the  original  founders  of  that  See, 
or  from  the  dignity  of  Rome  as  the  capital  of  the  ancient 
world.  The  tradition  was  certainly  ancient ;  but  it  is  at 
least  as  certain  that  the  local  distribution  of  the  power  of 
government  in  the  early  Church  was  determined,  generally, 
by  the  existing  civil  organisation.  Even  in  the  work  of  the 
false  Isidore,  St  Peter  ^  is  made  to  instruct  his  successor, 

^  Decretales  Pseudo-Isidoriana^  etc.  (Hinschius,  Leipsic  1863,  p.  39), 
%  B 


INTRODUCTION 


Clement,  to  place  patriarchs  and  primates  of  the  highest 
rank  and  authority  in  those  cities  where  the  heathens  had 
their  *  Flamens '  and  judges  of  the  first  order ;  and  arch- 
bishops of  subordinate  rank  in  smaller  cities,  where  there 
had  been  *  Arch-Flamens '  of  lower  degree  than  the  highest. 
Anacletus  (next  but  one  in  succession  to  Clement)  and 
Lucius,  nineteenth  after  Anacletus,  are  also  represented,  in 
supposed  decretals  (embodied  as  to  this  point  in  Gratian's 
Code)^  as  re-asserting  the  same  principle.  Whatever  may 
have  been  the  cause,  the  fact  is  indisputable,  that  some 
pre-eminence  belonged  to  the  See  of  Rome ;  and  also,  that 
the  authority  which  accompanied  it  was  less  in  the  Eastern 
and  other  Churches  which  had  not,  directly  or  indirectly, 
derived  their  Christianity  from  Rome,  than  in  those  nations 
and  races  which  had. 

The  influence  of  the  Popes  varied  with  their  circumstances 
and  opportunities,  and  with  their  personal  qualities.  On 
theological  questions  the  influence  of  a  great  Pope,  such  as 
Leo  I.,  was  often  very  great.  But  in  other  respects,  and 
especially  during  the  centuries  of  decay  which  preceded  the 
extinction  of  the  Roman  Empire  in  the  west, — during  the 
wars  and  ravages,  in  Italy  and  elsewhere,  of  Goths,  Huns, 
Vandals,  Lombards,  and  Franks,  —  the  Primacy  of  the 
Roman  See  was,  for  a  long  time,  honorary  rather  than 
practical.  Its  main  symbol  was  the  *  Pall,'  ^  which  it  was 
usual  for  the  Pope  to  confer  upon  archbishops  or  metro- 
politans, and  without  which  the  dignity  of  those  offices  was 
not  deemed  complete.  Even  of  Gregory  the  Great  it  is 
said  by  Gibbon,^  that  'his   ecclesiastical  jurisdiction   was 

^  Decretumy  pars  i.,  dist.  80,  cap.  i;  and  99,  cap  i. 
^  See,  as  to  the  pallium^  Decrelum,  pars  i.,  dist.  100.     The  cita- 
tion in  cap.  I  from  Pelagius  is  not  of  that  Pope's  time. 
'  Decline  and  Fall,  ch.  45  (vol.  v.  p.  479;  ed.  1828). 


INTRODUCTION 


confined  to  the  triple  character  of  Bishop  of  Rome,  Primate 
of  Italy,  and  Apostle  of  the  West.* 

Both  in  the  Frank  kingdom  and  empire,  from  the  con- 
version of  Clovis  (a.d.  496),  and  in  the  Gothic  kingdom  of 
Spain  (a.d.  506-711),  the  civil  power  interfered  in  ecclesi- 
astical aifairs.  It  will  be  sufficient  to  advert  to  the  manner 
in  which  it  did  so  in  the  greater  of  those  States,  the  Frank 
kingdom  and  empire. 

I.  As  to  Legislation.  —  Even  under  the  Merovingian 
dynasty  it  was  not  held  lawful  to  convene  ecclesiastical 
synods  without  the  royal  permission.  Sigebert  11.,^  a 
prince  of  high  reputation  for  sanctity  (about  a.d.  650), 
forbade  this.  Kings  and  emperors  often  called  together 
ecclesiastical  councils  ;2  of  which  those  of  the  year  a.d. 
813,^  and  the  imperial  ordinance  ^  confirming  twenty-eight 
of  their  constitutions,  may  be  taken  as  examples.  Their 
confirmation  was  necessary^  to  give  force  to  canons 
passed  by  any  such  synod.  They  also,  in  mixed  councils 
of  laymen  and  ecclesiastics  (held  in  the  manner  usual 
for  the  enactment  of  secular  laws),  legislated  directly 
for  the  Church,  on  disciplinary  and  other  questions.  A 
striking  instance  is  found  in  the  capitulars  of  a.d.  789,^ 
derived  in  great  measure  from  the  Code  of  Oriental  Canons  ^ 
which  Charlemagne  had  six  years  before  (a.d.  773)  received 
at  Rome  from  the  hand  of  Pope  Adrian  I.     Those  capit- 

1  Baluze,  Capit.^  vol.  i.  p.  143. 

2  Francis  de  Roye  {apud  Mansi,  Concil.,  vol.  xvii.  p.  938). 

3  Aries  vi.,   Tours  iii.,  Chalons,  Rheims,  Mentz  (Mansi,  ConciL, 
vol.  xiv.) 

^  Baluze,  Capit.,  vol.  i.  p.  503.   (The  synods  are  described  in  the  title 
as  *  Auctoritate  Regia  nuper  habitis.') 

^  Baluze,  Preface  {Captt.,  vol.  i.  pp.  8,  9). 
^  Baluze,  Capit.^  vol.  i.  p.  209. 
"^  Mansi,  ConciL^  vol.  xii.  p.  859. 


INTRODUCTION 


ulars,  enacted  in  the  name  of  and  with  a  preface  from 
Charlemagne  himself,  are  a  series  of  purely  ecclesiastical 
constitutions,  extending  over  important  points  of  doctrine 
as  well  as  discipline.  Some  of  them  were  addressed  to 
bishops;  some  to  priests;  some  to  *all  the  clergy;'  some 
to  '  clerks  and  monks ; '  some  to  *  all  men.' 

Such  legislation  as  this  was  not,  in  the  ninth  century, 
regarded  as  an  encroachment  by  the  secular  upon  the 
spiritual  power.  Gratian,  in  a  *  Distinction,'  ^  in  which  he 
insists  upon  the  principle  that  secular  are  subordinate  to 
ecclesiastical  constitutions,  quotes  a  letter  of  Pope  Leo  IV. 
to  the  Emperor  Lothair  (written  about  a.d.  847),  in  which 
that  Pope  engaged  to  observe  inviolate  and  for  ever  the 
imperial  capitulars  and  ordinances  of  Lothair  and  his  pre- 
decessors. *  If,  perchance '  (he  added),  *  any  one  may 
have  told  or  shall  tell  you  otherwise,  be  "  assured  that  he 
speaks  falsely." ' 

2.  As  to  Judicature. — Charlemagne,  by  one  of  his  Lom- 
bard laws,^  exempted  abbots,  priests,  deacons,  subdeacons, 
and  clerks  generally,  from  secular  jurisdiction,  referring  the 
decision  of  causes  concerning  them  to  the  bishops.  That 
privilege,  however,  was  not  without  exceptions.  Royal  Com- 
missioners (Missi  Dominict)  took  cognisance  of  criminal 
offences  ^  against  the  general  public  law,  though  committed 
by  clerks.  And  the  course  as  to  questions  of  property, 
private  or  ecclesiastical,  in  which  the  clergy  were  concerned, 
was  this  :  *  the  civil  judge,  before  whom  a  claim  was  made 
to  any  such  property,  sent  the  claimant  to  the  bishop  with 

^  Dist.  10.  Some  of  these  capitulars  (so  described)  are  embodied 
in  the  Decretum. 

*  Leg.  Longob.,  lib.  iii.,  tit.  i.,  cap.  il. 

'  De  Roye,  De  Missis  Dominicis  {apud  Mansi,  vol.  xvii.  p.  926). 

*  Ibid.,  pp.  915,  916. 


INTRODUCTION  5 


a  civil  '  advocate,'  whose  duty  it  was  to  see  justice  done. 
If  the  parties  still  failed  to  arrive  at  a  settlement,  the  cause 
was  then  remitted  to  the  Count,  or  civil  judge,  before  whom 
the  bishop,  in  his  turn,  was  represented  by  an  advocate 
of  his  choice,  and  the  matter  was  determined  according 
to  law. 

It  was  not  till  a  later  period,  after  the  publication  of 
Ingilram's  canons  and  the  false  decretals,  that  the  supreme 
judicial  authority  of  the  Pope  was  acknowledged. 

3.  As  to  Faith  and  Ritual. — When  the  Eastern  Church, 
in  the  second  Council  of  Nicaea,  pronounced  in  favour 
of  image -worship,  Charlemagne  took  a  decided  part  in 
opposing  its  decrees.  The  'Caroline  books,' ^  composed 
for  that  purpose  by  his  order,  and  published  in  his  name, 
were  sent  by  him  (a.d.  790)  to  Pope  Adrian  I. ;  and,  not- 
withstanding the  support  which  that  Pope  gave  to  the 
Council,  he  communicated  them  (a.d.  792)  to  the  Anglo- 
Saxon  bishops,^  and  afterwards  (a.d.  794)  procured  from 
the  Synod  of  Frankfort  ^  an  emphatic  condemnation  of 
that  practice.  In  a.d.  788  he  ordered  a  revision  of  the 
service-books  used  in  the  churches  of  his  dominions  to  be 
made  by  Paul  the  Deacon,  of  Aquileia ;  *  and  he  *  estab- 

1  Moreri's  Dictionnaire  Historique^  etc.,  voce  'Carolins.'  Gibbon, 
Decline  and  Fall ^  cap.  49  (vol.  vi.  p.  232,  note;  ed.  1828). 

2  See  Symeon  of  Durham  (Savile's  Hist,  Angl.  Script.^  p.  113,  and 
Haddan  and  Stubbs,  Councils^  etc.,  vol.  iii.  p.  469,  note).  Alcuin  is 
supposed  to  have  been  the  writer  of  the  reply  sent  by  the  English 
bishops  to  the  King,  and  he  was  probably  the  bearer  of  Charlemagne's 
communication. 

^  Mansi,  vol.  xiii.  p.  99. 

*  Moreri,  Paul^  diacre  ;  Baluze,  Capit. ,  vol.  i.  pp.  204-206.  Paul  had 
been  secretary  to  Desiderius,  the  last  Lombard  king.  Charlemagne's 
letter,  ordering  the  use  of  the  book,  was  addressed  religiosis  lectoribus 
of  his  kingdom. 


INTRODUCTION 


lished '  ^  the  use  of  a  book,^  in  two  volumes,  with  lessons 
or  '  homilies '  for  readings  throughout  the  year  (which  Paul 
had  collected  from  the  Fathers),  in  the  churches  of  his 
kingdom.  In  the  diocese  of  Li^ge,  when  Emperor,  he 
interposed  his  authority  to  postpone  the  public  baptism^ 
of  certain  candidates  who  were  found  insufficiently  in- 
structed, and  he  appointed  a  special  fast,  and  commanded 
the  bishop  to  give  notice  of  it  in  all  the  greater  churches 
of  his  diocese.^ 

4.  As  to  Church  Appointments. — The  consent  of  civil 
rulers  to  the  election  of  bishops  was  required  ^  from  early 
times.  The  twelfth  Council  of  Toledo^  (a.d.  681)  author- 
ised the  consecration,  by  the  Archbishop  of  Toledo,  of 
such  persons  as  the  King  might  choose  (being  judged  fit  by 
the  archbishop),  to  fill  all  vacant  sees  in  any  province  of 
the  Spanish  or  '  Gallician '  Church.  The  Frank  Kings  and 
Emperors  appointed  directly  to  vacant  bishoprics  and 
abbacies,''  until  a  law  qualifying  that  power,  by  allowing  the 
*  clergy  and  people '  to  elect  bishops,  by  license  from  the 

*  Quarum  omnium  iextum  nostra  sagacitate  perpendentesj  ttostra 
eadem  volumina  auctoritate  constabilimusy  vestraque  religioni  in  Christi 
ecclesiis  tradimus  ad  legendutn. 

2  The  book  was  printed  at  Spires,  A.D.  1472,  and  extracts  from  it 
were  reprinted  by  Mabillon,  and  in  the  ninth  volume  of  Martene  and 
Durand's  Amplissima  Collectio. 

3  Martene  and  Durand,  Ampl.  Coll.^  vol.  vii.  p.  19. 

*  Ibid..,  p.  21. 

^  See  letter  of  Gregory  the  Great  (a.d.  592),  lib.  ii.,  ep.  23  (St. 
Maur  edition  of  Gregory's  works) ;  Decreium,  pars  i.,  dist.  63,  cap.  9. 

*  See  Decret.j  pars  i.,  dist.  63,  cap.  25. 

'  See  petition,  Cleri  plebisque  viduatce  civitatis  ad  Regem  (Baluze, 
Capit.,  vol.  ii.  p.  379) ;  and  Sirmondi's  note,  De  antiquis  Episco- 
porum  promotionibusy  in  Mansi,  Concil.,  vol.  xvi.,  App.,  p.  879.  The 
fifth  Council  of  Paris  (a.d.  615)  had  in  vain  declared  for  freedom  of 
election  (Mansi,  vol,  x.  p.  539). 


INTRODUCTION 


sovereign,  and  subject  to  his  approval  of  the  person  elected, 
was  passed  (a.d.  8i6)  by  Louis  the  Pious. ^  It  may  be 
inferred,  from  a  later  address  of  the  second  Council  of  Aix- 
la-Chapelle  to  the  same  Emperor  ^  (a.d.  836),  praying  him 
to  be  vigilant  in  the  appointment  of  good  pastors  and 
rulers  to  churches,  that  the  substantial  power  remained  with 
him.  Popes  of  the  ninth  century,  Leo  IV.^  and  Stephen 
V.,*  recognised  the  necessity,  in  all  cases,  of  the  imperial 
license  to  elect,  and  the  imperial  consent  to  an  election. 
Adrian  I.  (according  to  the  history  of  Sigebert  of  Gembloux, 
composed  A.  D.  11 12,  and  quoted  as  authentic  in  Gratian's 
Decretum)^  conceded  to  Charlemagne  (a.d.  774),  in  a 
synod  held  at  Rome,  and  attended  by  153  bishops,  the 
investiture  of  all  archbishops  and  bishops,  in  all  provinces 
of  his  realm,  forbidding  their  consecration  until  accepted 
and  invested  by  the  King,  and  threatening  excommunica- 
tion and  other  severe  penalties  against  all  who  should  con- 
travene that  decree.  The  same  concession,  under  still 
heavier  penalties,  was  renewed  to  the  German  Emperor, 
Otho  L,  by  Leo  VIIL,^  in  a.d.  963  \  and  the  system  of 
royal  investiture,  so  sanctioned  by  Popes,  continued  to  pre- 
vail until  the  time  of  Gregory  VII. 

These  concessions   to  the  imperial  power  were  accom- 

^  Sirmondi's  note,  ubi  supra  (and  see  Baluze,  Capit. ,  vol.  i.  p.  566). 
Ludovicus  Pius  is  this  emperor's  Latin,  and  Louis  le  Debonnaire  his 
French,  designation. 

^  Mansi,  vol.  xiv.  p.  690  (art.  9).  See  the  Forms  of  Petition  and 
License,  etc.,  in  Baluze,  Capit. ^  vol.  ii.  pp.  379,  509,  591,  594,  595, 
601.    A  *  Visitor,'  appointed  by  the  Crown,  presided  at  these  elections. 

^  Decretum,  pars  i.,  dist.  63,  cap.  16,  17.  *  Ibid.^  cap.  i8. 

^  Ibid.,  cap.  22  (and  see  Richter's  note,  Corp.  Jur.  Canon.,  Leipsic 
1839,  p.  207).  See  also  on  this  point  the  Chronicle  of  John,  Abbot  of 
Peterborough,  who  places  the  grant  m  a.d.  772  {Chronicon  Anglice, 
in  Historic  Anglicana  Scriptores  Veteres,  London  1724,  pp.  8,  9). 

^  Decretum,  ubi  supi-a,  cap.  23  (see  Richter's  note). 


INTRODUCTION 


panied  by  another,  greater  still.  By  the  same  synodical 
act  of  Adrian  I.^  which  gave  Papal  sanction  to  the  royal 
investiture  of  archbishops  and  bishops,  Charlemagne  was 
constituted  patron  of  the  Holy  See  itself,  with  authority 
upon  every  vacancy  to  nominate  the  Pope.  His  son  and 
grandson,  Louis  the  Pious  and  Lothair,  seem^  to  have 
declined  the  exercise  of  that  power,  and  to  have  restored 
the  right  of  election  to  the  Roman  people.  In  the  suc- 
ceeding century  (a.d.  918-934,  and  again  in  a.d.  962) 
Henry  the  Fowler  and  Otho  I.  also  successively  ^  recognised 
the  title  to  elect  freely,  and  without  interference,  of  *  those 
Romans,  to  whom,  by  ancient  custom  and  the  appointment 
of  the  Holy  P'ather,  it  belonged.'  But  to  check  the  disorders 
which  followed.  Pope  Stephen  *  (probably  the  fourth  of  that 
name),  and  Pope  John  IX.^  in  a  council  held  at  Rome 
(a.d.  898),  required  the  presence  of  Imperial  legates  for  the 
validity  of  a  Papal  election.  The  Papacy,  during  the  tenth 
and  the  earlier  part  of  the  eleventh  century,  reached  its 
lowest  point  of  degradation.  In  the  next  year  (a.d.  963), 
after  Otho  I.  had  confirmed  the  liberty  of  election  acknow- 
ledged by  his  father  to  belong  to  the  Roman  people, 
he  was  crowned  Emperor  by  the  Pope;  and  Leo  VIII. 
synodically,  and  with  the  general  assent  of  the  clergy  and 
people  of  Rome,  renewed  in  his  favour  the  same  powers 
and  privileges  which  Adrian  I.  had  granted  to  Charlemagne. 
That  synodical  constitution  finds  (like  Sigebert's  narrative 
of  the  original  grant)  a  place  in  Gratian's  DecretumS'  Until 
the  death  of  Otho  III.  in  a.d.  1002,  the  gravest  disorders 
were  of  frequent  recurrence  at  Papal  elections,  and  the  Popes 
continued  to  be  practically  dependent  on  the  Emperors. 

*  Decretum,  nhi  supra.  2  /^/^/.^  c^p.  30,  31. 

^  Ibid.,  cap.  32  (see  Richter's  note).  *  Ibid.,  cap.  28. 

^  Ibid.y  Richter's  note  to  cap.  28.  *  Ibid.,  cap.  23. 


INTRODUCTION 


§  2.  Roman  Canon  Law. 

I.  Towards  the  close  of  the  fifth  century,  Dionysius 
(called  Exigmis,  or  'the  Little'),  a  Scythian  monk,^  at  the 
suggestion  of  Stephen,  Bishop  of  Salona  in  Dalmatia,  made 
a  collection^  of  401  Oriental  and  African  Canons,  which  was 
accepted  and  approved  at  Rome,^  and  afterwards  in  France, 
and  generally  by  the  Latin  Churches.  It  was,  doubtless,  to 
this  collection  that  reference  was  made  by  Theodore,  Arch- 
bishop of  Canterbury,  at  the  Council  of  Hertford,*  a.  d.  673. 
To  this,  Dionysius  is  said  afterwards  to  have  added  decretals 
of  Popes  Siricius  and  Anastasius  I.  (a.d.  384-402).  At  a 
later  date,  the  same  code  was  enlarged  by  the  addition  of 
other  decretals  of  later  Popes  down  to  Gregory  11.  (a.d. 
715).^  It  constituted,  as  so  enlarged,  the  body  of  Canon 
Law  which  was  in  force  at  Rome  down  to  the  middle  of,  or 
later  than,  the  ninth  century.  It  is  the  same  in  substance 
with  that  which  Adrian  I.  delivered  (a.d.  773)  to  Charle- 
magne;^ and  with  that  which  Leo  IV.  (a.d.  847-855),  in  a 
letter  addressed  to  the  '  bishops  of  Britain,'^  declared  to  con- 

^  See  Moreri,  DicHonnaire,  etc.,  voce  'Denys  le  Petit.' 

2  Codex  Canonum  Ecclesiasticorum  Dionysii  Exigui  (Paris  1628). 

^  The  authority  for  their  acceptance  is  the  contemporary  historian 
Cassiodorus,  who  was  minister  to  Theodoric  the  Great. 

*  Rede's  Hisf.,  lib.  iv.,  cap.  5.  (See,  as  to  the  particular  canons  re- 
ferred to  by  Theodore,  Johnson's  Laws  and  Canons,  etc.,  Oxford 
ed.,  1850,  vol.  i.  pp.  90-94.) 

^  See  Pithou's  edition  of  this  enlarged  Code  {Codex  Canonum  Vetus 
Ecclesice  Romance,  Pithcei,  Paris  1687) ;  also  Sirmondi's  note,  Mansi, 
Concil.,  vol.  xii.  p.  882. 

^  Mansi,  Concil.,  vol.  xii,  p.  859  ;  and  note,  p.  882. 

^  See  Decretum,  pars  i.,  dist.  20,  cap.  i.  Pope  Leo  IV.,  however, 
also  mentioned  Sylvester,  whose  spurious  'Acts'  had  been  published 
before  his  time. 


INTRODUCTION 


tain  the  laws  then  used  by  the  Popes  *  in  all  ecclesiastical 
judgments ' ;  by  which  *  the  bishops  judged,  and  themselves, 
as  well  as  the  rest  of  the  clergy,  were  judged.' 

To  this  body  of  law  ecclesiastical  forgery  began  to  make 
spurious  additions  before  the  end  of  the  eighth  century. 
Among  the  earliest  of  these  forgeries  were  the  supposed 
'Acts'  of  Pope  Sylvester^  (a.d.  314),  including  the  'Dona- 
tion of  Constantine.' 

2.  In  A.D.  827,  Ansegisus,2  Abbot  of  Fontenelle,  made 
a  collection  of  capitulars  of  Charlemagne  and  Louis  the 
Pious,  in  four  parts :  the  two  first  containing  ecclesiastical, 
the  two  latter  secular  laws.  This,  though  not  always  accu- 
rate, was  an  honest  collection  ;  and  was  known  and  cited 
before  the  end  of  Louis  the  Pious's  reign.  It  was,  how- 
ever, incomplete;  and  it  did  not  extend  back  to  any  of 
the  constitutions  of  Charlemagne's  predecessors. 

3.  To  supply  the  deficiencies  of  that  work,  Benedict,^  a 
deacon  of  the  church  of  Mentz,  at  the  suggestion  of  Otgar 
(the  immediate  predecessor  of  Rabanus  Maurus  in  the  Arch- 
bishopric of  Mentz),  compiled,  from  many  miscellaneous 
sources,  secular  and  ecclesiastical,  public  and  private, 
Roman,  Galilean,  Gothic,  Salic,  Ripuarian,  and  Bavarian, 
authentic  and  unauthentic,  three  additional  books  of  (real  or 

*  See,  as  to  this,  Hinschius,  Commentatio  de  Collectione  Decretaliwn 
et  Canonum  Isidori  Mercatoris,  p.  96  {Decretales  Pseudo-Isidoriance  et 
Capitula  Angilramni,  Leipsic  1863);  Alcuin's  letter  of  A.D.  800  to 
Arno,  Bishop  of  Salzburg  (ep.  108;  Migne's  ed.,  1831,  vol.  i.  p.  325);  and 
Benedict  the  'Levite,'  lib.  iv.,  cap.  302  (Baluze,  Capit.,  vol.  i.  p.  886). 

2  Baluze,  Capit.^  vol.  i.  p.  691  et  seq.,  and  Preface,  §§  39-43- 

3  *  Benedictus  Levita. '  {JLevite^  in  those  days,  was  a  common  term 
for  deacon. )  See  his  three  books  (numbered  5,  6,  and  7,  after  the  four 
of  Ansegisus)  in  Baluze,  Capit.,  vol.  i.  pp.  801-1132 ;  and  see  Baluze's 
Preface,  §§  44-46.  As  to  Benedict  himself,  see  Moreri,  Dictionnaire, 
etc.,  under  the  name  'Benoist,  diacre.' 


INTRODUCTION 


supposed)  laws  and  canons,  which  he  published  after  leaving 
the  diocese  of  Mentz  on  the  death  of  Otgar  in  a.d.,  847.^ 
To  these  he  prefixed  the  four  books  of  Ansegisus,  making 
seven  books  in  all,  known  from  that  time  under  his  name. 
The  earliest  known  citation  of  that  collection  in  Western 
France  was  at  a  synod  or  assembly  held  at  Quierzy  in 
Picardy,  under  Archbishop  Hincmar,  in  a.d.  857. 

Baluze,  in  the  preface  to  his  Capitulars^  after  specifying 
the  materials  of  which  Benedict  so  made  use,  says  that  his 
collection  '  is  patched  together  from  all  these  sources,  con- 
fusedly enough,  without  attention  to  any  order  of  time,  and 
with  frequent  changes  in  the  words  of  the  chapters  referred 
to.'  For  this  Baluze  does  not  blame  Benedict,  who  found 
his  materials  in  that  confused  and  undigested  state.  He 
cannot,  however,  be  absolved  from  the  charge  of  tampering, 
to  some  extent,  with  the  authorities  which  he  followed. 

4.  The  next  publication  which  requires  mention  is  that 
under  the  name  of  Ingilram  (or  Angilram),^  who  was  Arch- 
bishop of  Metz  from  a.d.  768  to  791,  and  chaplain-general 
and  grand-almoner  to  Charlemagne.  It  consists  of  eighty 
pretended  canons,  constituting  a  sort  of  code  of  procedure, 
applicable  to  charges  against  bishops,  clerks,  and  laymen ; 
its  tendency  being  to  exalt,  as  supreme  and  absolute,  the 
power  and  authority  of  the  Pope,  and  to  invest  the  clergy 
with  extraordinary  immunities.  It  asserted  the  invalidity 
of  all  constitutions  against  the  canons  or  decrees  of  Roman 
pontiffs,  and  the  right  of  the  Pope  to  set  aside,  by  his  vicars, 
the  proceedings  of  provincial  synods.  The  Pope  himself 
was  to  be  judged  by  no  man,  *  because  the  disciple  is  not 

^  Hinschius,  Comment atio^  etc.  {ubi  supra^  part  iv.,  cap.  i). 

2  Vol.  i.,  Preface,  §  45. 

3  Mansi,  vol.  xii.  p.  904  et  seq. ;  Hinschius,  Decretales  Pseudo-Isidori' 
attay  etc.  (Leipsic  1863). 


INTRODUCTION 


above  his  master.'  Formidable  penalties  were  denounced 
against  all  who  might  make  malicious  accusations,  or  fail  to 
establish  any  charges  made  by  them  when  brought  to  trial. 
A  bishop,  against  whom  a  charge  might  be  made,  might 
either  claim  to  have  the  question  transferred  to  the  Pope  in 
the  first  instance,  or  appeal  to  the  Pope  (whose  decision  was 
to  be  final)  after  judgment  by  the  metropolitan.  No  charge 
could  be  made  by  a  priest  against  a  bishop,  or  by  a  deacon 
against  a  priest,  or  by  any  one  in  any  inferior  order  against 
a  clerk  of  an  order  above  him.  No  lay  testimony  was  to 
be  received  against  a  clerk  ;  and  many  witnesses  (graduated 
according  to  the  different  ranks  of  clerks,  but  in  the  case  of 
a  bishop  not  less  than  seventy-two,  in  that  of  a  cardinal 
priest  sixty-four,  in  that  of  a  cardinal  deacon  twenty-six) 
were  required  to  justify  an  adverse  sentence. 

According  to  a  title  (perhaps  not  in  the  original  publica- 
tion, but  early  prefixed  to  it),^  these  were  represented  as 
*  Articles  {Capitula)  collected  from  various  authorities 
{sparsim  colledd) — from  Greek  and  Latin  Canons,  Roman 
Synods,  and  decrees  of  Roman  Pontiffs  and  Princes ;  and 
delivered  at  Rome,  by  the  Blessed  Pope  Hadrian,  on  the 
thirteenth  day  before  the  Kalends  of  October,  Indiction  9, 
to  Ingilram,  Bishop  of  the  City  of  Metz,  when  he  was  there 
upon  his  own  business ' — no  year  being  mentioned. 

Some  of  them  were  taken  (more  or  less  exactly)  from 
the  work  of  Benedict  the  Levite,^  and  cannot  be  earlier 
than  that  work.  That  they  were  delivered  to  Archbishop 
Ingilram  by  Pope  Adrian  I.  is  incredible.  There  was 
nothing  resembling  them  in  the  code  delivered  by  that 
Pope  to  Charlemagne,  and  afterwards  (with  the  interpola- 

^  Hinschius,  Commentatio,  etc.  [ubi  supra,  p.  cxvii.  et  seq. ). 
*  Ibid,  {ubi  supra,  cap.  3,  4). 


INTRODUCTION  13 


tion  only  of  the  pretended  canons  of  Sylvester)  referred 
to  by  Leo  IV.  as  containing  the  rules  of  judgment 
accepted  by  the  Roman  See.  The  theory  of  those  who 
have  regarded  the  ascription  of  them  to  Ingilram  as 
genuine,  is  not  that  they  were  known  at  Rome,  but  that  he 
published  them  to  justify  himself  against  certain  imputa- 
tions, and  *  that  they  were  almost  all  taken  from  the  false 
decretals,  which  then  began  to  appear ; '  this  being  *  the  first 
trace  of  the  use  of  those  fabrications.'^  Among  them  are 
passages  from  the  spurious  Epistles  of  Clement  to  the 
Apostle  St.  James,  and  of  Popes  Anacletus,  Eleutherius, 
Victor,  Cornelius,  Lucius,  Sixtus  II.,  and  MarcelUnus ;  as 
well  as  canons  of  the  spurious  synod  under  Sylvester,  which 
are  also  found  in  the  fifth  book  of  Benedict. 

There  are  strong  grounds  for  the  belief  of  Hinschius,^ 
that  Ingilram  was  not  the  real  author  of  that  publication ; 
that  it  was  not  compiled  until  after  his  time,  and  that  it  may 
not  improbably  have  been  the  work  of  the  same  man  who 
produced  the  larger  Collection  of  false  decretals,  of  which 
it  was  the  precursor. 

5.  That  Collection  was  fabricated  and  published  between 
the  years  a.d.  847  and  853.  It  is  said  to  have  been  intro- 
duced from  Spain  by  Riculf,  Archbishop  of  Mentz;  and 
it  is  quoted  by  Hincmar  (not  without  some  apparent  doubt 
of  its  authority)  as  passing  under  the  name  of  St.  Isidore, 
Archbishop  of  Seville,  a.d.  601-636.^ 

The  title  (as  given  in  Hinschius's  edition)*  is  *  A  Breviary 
of  the  Canons  of  the  Apostles  and  first  Bishops  of  the 
Church  from  Clement  to  St.  Silvester,  and  of  the  various 

^  Moreri,  Didionnaire^  etc.,  under  the  name  '  Ingelram.' 
^  CommentatiOf  etc.  {ubi  supfa^  cap.  4). 

*  Ibid,  {ubi  supra,  pars  iv. ) 

*  Decretales  Psetido-IsidoriancB,  etc.  (Leipsic  1863). 


14  INTRODUCTION 


Councils  in  their  order,  whose  acts  also  are  collected  in  this 
work,  their  heads  being  subjoined.' 

It  contains,  first,  the  (so-called)  Apostolic  Canons, — 
genuine,  though  not  of  the  Apostolic  age ;  and,  after  these, 
a  series  of  pretended  *  Decretal '  Epistles  from  thirty  early 
Popes,  beginning  with  Clement  (the  supposed  successor  of 
St.  Peter)  and  ending  with  Melchiades,  the  immediate  pre- 
decessor of  Sylvester;  occupying  the  whole  period  from 
the  martyrdom  of  St.  Peter  and  St.  Paul  to  a.d.  314,  and 
omitting  only  two  of  the  traditionary  Popes  of  that  period, 
viz.  Linus  (the  second)  and  Clement  II.  (the  fourth). 

After  these  there  are  added  the  famous  document  called 
the  *  Donation  of  Constantine,'  and  some  canons  of  the 
spurious  Roman  Council  under  Pope  Sylvester ;  which  are 
followed  by  other  false  decretals  of  Popes  Julius,  Liberius, 
and  Damasus,  and  then  by  the  Oriental  and  African  Canons 
contained  in  the  Code  of  Dionysius  '  Exiguus,'  (with  some 
variations),  and  afterwards  by  canons  of  Galilean  Councils, 
ending  with  the  first  Council  of  Orleans,  and  Spanish  and 
Portuguese  Councils,  ending  with  the  second  Council  of 
Seville. 

Of  the  forgeries  contained  in  this  collection,  a  sufficient 
idea  may  be  formed  from  two  examples  :  the  fabulous  letter,^ 
with  which  the  book  opens,  of  Clement  to  St.  James  the 
brother  of  our  Lord;  and  the  'Donation  of  Constantine.' ^ 

In  the  former  of  these,  Clement  is  made  to  relate  to  the 
Apostle  St.  James  the  circumstances  of  his  appointment,  by 
St.  Peter,  before  his  martyrdom,  to  succeed  him  in  the 
Bishopric  of  Rome,  with  the  power  of  binding  and  loosing, 
*so  that,  as  he  should  decree  on  earth,  it  should  also  be 

*  Decretales  Pseudo-IsidoriancB^  etc.  (Leipsic  1863),  pp.  30,  42. 
2  Ibid.y  p.  249. 


INTRODUCTION  15 


decreed  in  heaven ;  inasmuch  as  he  would  bind  only  that 
which  ought  to  be  bound,  and  loose  only  that  which  ought 
to  be  loosed.'  Long  addresses  from  St.  Peter  to  Clement 
himself,  to  the  priests,  the  deacons,  and  the  laity,  are  re- 
ported as  following  that  commission;  and  the  Apostle  is 
said  to  have  then  consecrated  him  before  them  all  by  im- 
position of  hands,  and  to  have  compelled  him  (overwhelmed 
with  diffidence)  to  sit  in  his  own  chair.  Then  Clement 
repeats,  in  the  most  formal  and  scientific  terms  of  post- 
Nicene  theology,  the  doctrine  which  he  has  received  from 
St.  Peter;  and  informs  St.  James  that  he  has  ordained 
bishops,  and  will  ordain  others,  for  Gaul,  Spain,  Italy,  and 
Germany.  The  rules  according  to  which  patriarchs  and 
archbishops  are  to  be  appointed,  according  to  the  relative 
secular  importance  of  cities  (which  have  been  already  men- 
tioned) are  then  laid  down;  and  St.  Peter  is  quoted  as 
saying  that  bishops  are  to  have  rule  in  the  Apostles'  place, 
and  priests  in  place  of  the  other  disciples ;  that  no  accu- 
sation should  be  received  against  bishops  and  priests  except 
from  persons  of  good  report  and  of  equal  dignity ;  that  lay- 
men should  not  be  permitted,  to  make  such  charges ;  that 
all  should  be  subject  to  Clement ;  that  he  (St.  Peter)  for- 
bade secular  men  to  resist  spiritual ;  and  that  no  priest 
should  do  anything  in  any  diocese  without  the  bishop's  per- 
mission. 

The  decretal  letters  of  the  other  early  Popes  are  con- 
ceived in  the  same  spirit. 

The  '  Donation  of  Constantine '  begins  with  a  long  pro- 
fession of  faith,  made  by  that  Emperor  upon  his  conversion 
and  baptism,  and  an  exhortation  by  him  to  all  nations 
to  hold  the  same  faith ;  after  which,  an  account  of  his  con- 
version is  given.     Afflicted  with  leprosy,  and  persecuting 


i6  INTRODUCTION 


the  Christians,  he  had  compelled  Pope  Sylvester  to  fly 
from  Rome,  and  to  take  refuge  in  a  cavern  in  Mount 
Soracte.  The  Apostles  St.  Peter  and  St.  Paul  (at  once 
recognised  by  the  Pope,  from  the  Emperor's  description  of 
their  forms  and  lineaments)  then  appeared  to  Constantine 
in  a  vision,  and  revealed  to  him  the  truth  of  Christianity, 
and  that  Sylvester  (for  whom  they  commanded  him  to  send) 
was  '  Universal  Pope.'  At  his  request  the  Pope  came,  cured 
him  of  his  leprosy,  instructed  and  baptized  him.  I  trans- 
late the  material  parts  of  the  Act  of  Donation,  said  to  have 
been  made  four  days  afterwards,  and  dated  at  Rome  the 
31st  March,  *in  the  Fourth  Consulship  of  our  Lord  Flavins 
Constantinus  Augustus ' : 

'  We,  together  with  all  our  Rulers  of  provinces  {satrapis\  and 
the  whole  Senate,  and  all  our  Nobility,  and  all  the  Roman  people, 
have  judged  it  expedient,  that  as  the  Blessed  Peter  appears 
to  be  appointed  Vicar  of  the  Son  of  God  on  earth,  so  the 
Pontiffs  also,  who  stand  in  the  place  of  the  same  Prince  of  the 
Apostles,  should  obtain  by  grant  from  us,  and  from  our  Empire, 
a  princely  power,  exceeding  that  which  the  earthly  graciousness 
of  our  Imperial  Serenity  seems  to  have ;  choosing  the  same 
Prince  of  the  Apostles,  and  his  successors,  to  be  our  sure  advo- 
cates with  God.  And,  as  our  earthly  Imperial  Power,  so  have 
we  decreed  that  the  Holy  Roman  Church  should  be  reverently 
honoured,  and  that  the  most  Holy  See  of  the  Blessed  Peter 
should  be  gloriously  exalted  above  our  Empire  and  earthly 
throne ;  giving  to  it  the  power,  and  glorious  dignity  and 
strength,  and  honourable  estate,  which  belong  to  Empire. 
And  we  decree  and  ordain  that  it  shall  hold  the  Primacy,  as 
well  over  the  four  Principal  Sees  of  Alexandria,  Antioch,  Jeru- 
salem, and  Constantinople,  as  over  all  other  Churches  of  God 
throughout  the  world ;  and  that  the  Pontiff  for  the  time  being 
of  the  Holy  Roman  Church  shall  be  higher  than,  and  Prince 
over,  all  the  priests  of  the  whole  world  ;  and  that  according  to 
his  judgment  all  matters  relating  to  the  worship  of  God,  and 
to  the  establishment  of  the  Christian  Faith,  shall  be  settled.' 


INTRODUCTION  17 


Then,  after  mentioning  large  endowments,  as  granted  to 
the  see  of  Rome  in  Judea,  Greece,  Asia,  Thrace,  Africa, 
Italy,  and  different  islands,  it  proceeds : 

*  And  we  do  presently  deliver  up  to  the  Blessed  Silvester, 
our  Father,  and  Pope  of  the  Universal  City  of  Rome,  and  to 
all  the  Pontiffs  his  successors,  who  shall  sit  in  the  chair  of  the 
Blessed  Peter,  even  to  the  end  of  the  world,  the  Lateran  Palace 
of  our  Empire,  and  with  it  the  diadem  or  crown  of  our  head, 
and  the  cap,  the  Imperial  collar,  the  purple  mantle,  the  scarlet 
tunic,  and  all  other  our  Imperial  robes ;  together  with  the  rank 
and  dignity  of  our  presidents  of  the  Imperial  horsemen,  and 
the  Imperial  Sceptres,  and  all  signs  and  badges  and  Imperial 
ornaments  of  every  kind,  and  the  whole  pomp  of  Imperial 
pre-eminence,  and  glory  of  our  power.' 

Then  follow  grants  of  privileges  to  the  Roman  clergy  of 
all  orders.  They  are  to  have  senatorial  rank,  to  be  made 
*  patricians,'  and  *  consuls,'  and  adorned  with  the  other  dig- 
nities of  the  empire ;  to  wear  military  decorations ;  to  ride 
on  horses,  with  white  linen  reins  and  trappings;  and  to 
wear,  like  senators,  sandals  covered  with  white  linen.  The 
Pope's  diadem  is  to  be  of  the  purest  gold  and  precious 
stones.     The  document  proceeds  : 

*  But  since  the  most  Blessed  Pope  has  not  endured  at  all  to 
use  the  golden  crown  above  the  crown  of  his  clerical  tonsure, 
which  he  wears  in  honour  of  the  Blessed  Peter,  We  have,  with 
bur  own  hands,  placed  on  his  most  Holy  Head  a  cap  of  dazzling 
whiteness,  symbolising  the  Resurrection  of  the  Lord  ;  and  hold- 
ing the  bridle  of  his  horse  for  reverence  of  the  Blessed  Peter, 
have  ourselves  performed  for  him  the  office  of  groom ;  appoint- 
ing that,  in  imitation  of  our  Imperial  state,  his  successors 
shall  have  the  sole  privilege  of  using  the  same  cap  in  their 
Processions. — Wherefore,  that  the  Pontifical  Eminence  may 
not  be  degraded,  but  may  be  adorned  with  more  glory  and 
power  than  the  dignity  of  the  earthly  Empire,  lo  !  we  do 
give  up  and  relinquish  to  our  aforesaid  most  blessed  Pontiff, 
Silvester,  the  Universal  Pope,  both  our  Palace  (already  men- 

c 


1 8  INTRODUCTION 


tioned)  and  the  City  of  Rome,  and  all  our  provinces,  places, 
and  Cities  of  Italy  and  the  regions  of  the  West ;  and  we 
decree,  by  this  our  "  Dival "  and  "  Pragmatic  "  Constitution, 
that  they  shall  be  at  the  disposal  of  him  and  his  successors  ; 
and  we  grant  them  to  remain  for  ever  in  right  to  the  Holy 
Roman  Church.  And  for  this  reason,  we  have  thought  it 
convenient  to  transfer  our  Empire  and  the  power  of  our 
Kingdom  to  the  regions  of  the  East,  and  that  a  city  should  be 
built,  after  our  own  name,  on  a  fair  site  in  the  Byzantine  province, 
and  our  Empire  there  established ;  because  it  is  not  right  that 
any  earthly  Emperor  should  have  power  where  the  Heavenly 
Emperor  has  established  the  Prince  of  Priests,  and  the  Head 
of  the  Christian  Religion.' 

The  Emperor  then  declares  his  will,  that  all  the  powers, 
privileges,  and  rights  thus  granted  shall  endure  in  all  their 
fulness,  without  disturbance,  until  the  end  of  the  world; 
and  he  adjures  his  successors,  and  all  his  lords,  ministers, 
senate,  and  people,  and  all  who  at  any  future  time,  in 
any  part  of  the  globe,  may  be  subject  to  any  of  his  suc- 
cessors, to  preserve  them  inviolate  under  the  penalty  of  his 
curse : 

*  But  if  any  one  (which  we  do  not  believe)  shall  be  found 
in  this  matter  a  scorner  or  despiser,  let  him  He  under  the 
sentence  of  eternal  condemnation,  and  have  for  his  adversaries, 
in  this  and  in  the  future  life,  the  saints  of  God,  the  Princes  of  the 
Apostles*Peter  and  Paul ;  and  let  him  perish  in  the  fire  of  the 
lowest  hell  with  the  Devil  and  all  the  wicked.  And  so,  con- 
firming with  our  own  hands  the  scroll  of  this  our  Imperial 
decree,  we  have  placed  it  over  the  venerable  body  of  Peter, 
the  Prince  of  the  Apostles.' 

6.  The  *  Isidorian  wares,'^  of  which  these  are,  perhaps, 
the  most  remarkable  specimens,  found  in  those  times  a  ready 
market  and  little  or  no  criticism.  They  were  largely  relied 
on  by  the  canonists  of  the  tenth  and  eleventh  centuries — 

*  See  Van  Espen,yiMj  Univ.  Cation.^  parsii.  sect.  4,  tit.  i.  cap.  6,  §7. 


INTRODUCTION  19 


Regino,  Abbot  of  Priim  (who  died  a.d.  915);  Burchard, 
Bishop  of  Worms  (a.d.  1008-1026);  and  Ivo,  Bishop  of 
Chartres  (a.d.  1091-1116). 

7.  The  work  of  Gratian,  which  (under  the  name  of  Decre- 
tuni)  ^  enters  into  and  constitutes  the  first  part  of  the  modern 
Body  of  Roman  Canon  Law,  is  a  systematic  digest  of  the 
most  important  parts  of  the  works  of  his  predecessors,  with 
further  collections  of  his  own.  The  title  by  which  he  him- 
self called  it  was  A  Concordance  of  Discordant  Canons.  He 
was  a  Benedictine  monk  of  Bologna,  and  his  compilation 
is  full  of  those  errors  into  which  a  compiler,  who  either  did 
not  or  could  not  verify  his  authorities,  was  liable  to  fall. 
It  contains  numerous  extracts  from  the  false  decretals  of 
the  early  Popes,^  including  the  letter  of  Clement^  to  St. 
James  of  which  I  have  given  an  account.  All  that  part  of 
Constantine's  pretended  Act  of  Donation*  which  I  have 
translated  or  abridged  is  contained  in  it.  It  was  published 
about  A.D.  1 15 1,  and  is  said  to  have  been  approved  by 
Pope  Eugenius  III.,  who  died  in  a.d.  1153.^  It  soon  be- 
came the  received  text -book  of  Canon  Law.     This  may 

^  The  Decretutn  of  Gratian  constitutes  the  whole  first  volume  of 
the  Corpus  Juris  Ca^wwza  (Richter's  ed.,  Leipsic  1839). 

2  In  the  first  483  alone,  out  of  1249  pages  of  the  Decretum  (Richter's 
ed.)  there  are  9  citations  from  Clement,  24  from  Anacletus,  4  from 
Evaristus,  4  from  Alexander  I. ,  i  from  Sixtus  I. ,  2  from  Telesphorus, 
2  from  Vigilius,  3  from  Pius  I.,  3  from  Anicetus,  3  from  Eleutherius, 
2  from  Victor  I.,  9  from  Zephyrinus,  10  from  Calixtus  L,  i  from  Pon- 
tianus,  i  from  Anterius,  15  from  Fabianus,  4  from  Cornelius,  4  from 
Lucius,  4  from  Caius,  4  from  Marcellus,  i  from  Marcellinus,  8  from 
Eusebius,  i  from  Melchiades,  7  from  the  Acts  of  Sylvester,  6  from 
Julius  I. ,  8  from  Damasus. 

*  Dist.  80,  cap.  2 ;  dist.  93,  cap.  i,  6,  7 ;  causa  ii.,  qusest.  vii.,  cap. 
8,  9 ;  causa  vi. ,  qu£est.  i. ,  cap.  5,  etc. 

*  Dist.  96,  cap.  14. 

^  See  Moreri,  Dktionnaire,  etc.,  in  nom.  'Gratien.' 


INTRODUCTION 


have  been  partly  due  to  its  systematic  form,  and  partly  to 
the  reputation  of  the  law  school  of  Bologna ;  but  the  chief 
cause  (according  to  Van  Espen)^  was  that  'Gratian,  in  this 
work,  not  only  repeated  those  fictions  of  the  false  Isidore, 
and  of  the  sources  from  which  he  drew,  which  were  directed 
to  the  aggrandisement  of  the  authority  of  the  Popes,  but 
added  much  more  of  the  same  tendency,  beyond  what  even 
the  false  Isidore  could  venture  to  write.'  Pope  Innocent 
III.  was  in  his  day  reputed  a  great  canonist ;  but  Van 
Espen^  says,  that  he  regarded  the  Decretum  as  the  purest 
fountain  of  Canon  Law,  and  relied  upon  it  in  his  decretals 
and  decisions ;  that  he  was  contented  to  take  what  he  found 
there,  indiscriminately  and  without  hesitation ;  never  in- 
quiring into  its  genuineness  or  spuriousness,  or  whether  it 
presented  its  authorities  in  a  pure  or  in  a  garbled  form. 

8.  The  rest  of  the  modern  Roman  Canon  Law,  which 
in  the  Corpus  Juris  Canonici  follows  the  Decretum^  consists 
of  successive  digests  of  canons  of  councils  and  decretals  of 
Popes  later  than  Gratian's  time.  It  ends  with  the  decrees 
of  the  Council  of  Trent,  and  the  bulls  of  Pope  Pius  IV. 
confirming  them. 

^   Works ^  vol.  iii.  p.  493  et  seqq.  ( Comment,  in  Decretum  Gratiani). 
2  Ibid.^  vol.  iv.  p.  69. 


ANCIENT  FACTS  AND   FICTIONS 
PART  I.— CONTINENTAL 


CHAPTER   I 

CHURCH   REVENUES   AND    RULES    OF   DISTRIBUTION 

§  I.   Church  Revenues  the  Patrimony  of  the  Poor. 

Not  tithes  in  particular,  but  all  Church  property,  of  every 
kind,  was  from  early  times,  and  down  even  to  the  fourteenth 
century,  described  as  *the  patrimony  of  the  poor.'^  The 
poor  were  always,  and  always  must  be,  in  an  especial 
degree,  objects  of  the  Christian  ministry.  To  them  *  the 
Gospel '  was  to  be  '  preached.'  The  provision  needful  for 
the  different  orders  of  a  settled  ministry,  and  for  churches 
in  which  they  might  meet  for  prayer  and  sacraments,  was 
at  least  as  beneficial  to  them  as  anything  which  might  be 
specially  devoted  to  the  relief  of  their  temporal  wants. 
The  relief,  however,  of  the  temporal  as  well  as  the  spiritual 
wants  of  the  destitute  and  the  sick,  the  aged  and  afflicted, 
of  strangers  and  foreigners,  of  prisoners  and  captives,  was 
also,  from  the  beginning,  part  of  the  office  and  work  of  the 
Church.  The  words  of  the  Apostle  i^  'Let  brotherly  love 
continue ;  be  not  forgetful  to  entertain  strangers  :  remember 
them  that  are  in  bonds,  as  bound  with  them,  and  them 
which  suffer  adversity,  as  being  yourselves  also  in  the  body,' 
— contain  the  germ  of  all   later   ecclesiastical  ordinances 

^  Van  Espen,ywj  Univ.  Canon.  ^  pars  ii.  sect.  4,  tit.  i.,  cap.  3,  §§  1-16, 
^  Hebrews  xiii.  1-3. 


24  ANCIENT  FACTS  AND  FICTIONS  part  i 

and  practice  on  this  subject.  There  is  not  a  hospital  or 
charitable  institution  in  Christendom  which  is  not,  directly 
or  indirectly,  the  fruit  and  a  monument  of  the  preaching  of 
the  Gospel. 

This  was  the  principle  which  regulated  the  use  and 
application  of  Church  revenues  when  those  revenues  were 
brought  into  one  treasury  and  were  subject  to  one  general 
diocesan  administration.  The  ancient  customs  and  laws 
on  that  subject  were  as  much  applicable  to  offerings  made 
at  the  altars  of  churches,  and  revenues  arising  from  landed 
or  other  estates  given  to  the  Church,  as  to  anything  else. 
Of  tithes,  there  is  no  mention  at  all  in  the  Western  Church 
until  the  beginning  of  the  fifth  century;  none,  indeed,  in 
this  particular  connection,  until  much  later. 

§  2.  Episcopal  Authority. 

In  the  early  diocesan  administration  everything  de- 
pended upon  the  bishop.  That  was  the  rule  laid  down 
in  the  canons  called  'apostolical,'-^  and  in  those  of 
Antioch;^  the  former  giving  the  bishop  full  power  of  dis- 
position over  all  the  goods  of  the  Church,  *  for  the  benefit 
of  the  poor;'  the  latter,  according  to  the  bishop's  judgment, 
for  himself  and  others,  as  the  wants  of  each  might  require. 
Those  Eastern  canons  were  adopted  into  the  original^ 
ecclesiastical  law  of  the  Roman  Church  and  of  the 
Western  Churches  generally.    The  first  Council  of  Orleans,'* 

*  Canons  35,  37.  ^  Canons  24,  25. 

'  Codex  Canonum  Ecclesiasticorum  Dionysii  Exigui  (Paris,  ed. 
1628).  It  contains  50  'apostolical'  canons,  20  Nicene,  24  Ancyran, 
14  Neo-Csesarean,  29  Gangrian,  25  of  Antioch,  59  Laodicean,  3  Con- 
stantinopolitan,  9  of  Chalcedon,  21  Sardican,  33  of  Carthage,  and  105 
other  African  canons.  "*  Mansi,  Concil.,  vol.  viii.  p.  347. 


CHAP.  I  REVENUES  AND  DISTRIBUTION  25 

•assembled  in  a.d.  511  under  the  first  Christian  King  of  the 
Franks,  laid  it  down  as  an  ordinance  (which  they  followed) 
of  *  the  more  ancient  canons,'  that  the  general  property  of 
the  Church  was  to  be  in  the  bishop's  power.'  The  same 
thing  was  often  ^  repeated  in  the  legislation,  civil  as  well  as 
ecclesiastical,  of  the  eighth  and  ninth  centuries;  and,  as 
late  as  the  eleventh  century.  Pope  Gregory  the  Seventh  ^  (as 
to  tithes)  endeavoured  to  restore  that  power  to  bishops. 

Even  as  to  the  local  endowments  of  *  oratories'  on 
private  men's  estates,  the  bishops  (for  a  long  time  success- 
fully) claimed  the  same  power.  *  There  are  many '  (said  a 
canon ^  of  the  third  Council  of  Toledo,  a.d.  589,  repeated^ 
from  time  to  time  in  later  Acts  both  of  Spanish  and  of 
German  Councils),  *who,  against  the  canonical  rule,  seek 
to  get  their  own  churches  consecrated  upon  such  terms  as 
to  withdraw  their  endowment  (dotetn)  from  the  bishop's 
power  of  disposition.  This  we  disapprove  in  the  past,  and 
for  the  future  forbid.  Let  all  things  be  done  according  to 
the  ancient  rule,  under  the  bishop's  power  and  control.' 
The  first  Council  of  Chalons^  (a.d.  649),  after  taking  notice 
that  some  powerful  laymen  opposed  the  exercise  of  the 
episcopal  authority  as  to  oratories  built  by  them  on  their 
estates,  and  their  endowments  {facultates  ibidem  conlatas), 

^  See,  e.g.t  Charlemagne's  capitulars  of  Frankfort,  A.  d.  794,  of  A.  D. 
813,  and  of  uncertain  date  (Baluze,  vol.  i.,  Cap.  Reg,  Fratic.,  pp.  270, 
503,  527)  ;  also  canons  of  Aries  (a.d.  813),  of  Mentz  (a.d.  813  and 
841),  and  of  Pavia  (a.d.  850  and  855) — Mansi,  Concil.^  vol.  xiv.  p.  60, 
etc.,  and  pp.  905,  936 ;  vol.  xv.  p.  18. 

2  Decretum,  pars  ii.,  causa  xvi.,  quaest.  i.,  cap.  i. 

'  Mansi,  Concil.y  vol.  ix.  p.  998. 

^  Ibid.,  vol.  xi.  p.  25  ;  vol.  xv.  p.  870 ;  vol.  xviii.  p.  62.  Also  Baluze, 
Capit.  Reg.  Franc.^  vol.  i.  p.  527;  vol.  ii.  p.  352.  And  Decreitun, 
pars  ii.,  causa  x.,  quaest.  i.,  cap,  2-8. 

"  Mansi,  Concil.,  vol.  x.  p.  119. 


26  ANCIENT  FACTS  AND  FICTIONS  part  i 

decreed  that  the  bishops,  in  all  such  cases,  ought  to  have 
power  over  the  endowments  as  well  as  over  the  clergy. 

§  3.  Local  Customs. 

In  the  application  of  these  principles  a  variety  of  usages 
grew  up  in  different  Churches.  Van  Espen^  says  that  the 
Apostolic  practice  of  supplying  out  of  a  common  fund  all 
the  wants  of  the  Church,  without  any  definite  rule  of  distri- 
bution, prevailed  for  at  least  four  centuries;  and  that  all 
definite  rules  were  of  later  date.  Augustin  of  Canterbury 
(as  to  a  question  of  ritual)  asked  Pope  Gregory  the  Great 
how  the  variety  in  the  customs  of  Churches  was  to  be 
reconciled  with  the  unity  of  the  faith.  That  wise  man, — 
the  same  who  reproved  ^  a  Patriarch  of  Alexandria  for 
calling  him  'Universal  Pope,' — answered  :^ 

*  You  are  familiar  with  the  custom  of  the  Roman  Church, 
in  which  you  were  brought  up.  But  my  judgment  is,  that 
you  ought  to  choose  whatever  is  most  likely  to  be  pleasing 
to  Almighty  God,  whether  you  find  it  in  the  Roman,  or  in  the 
Gallican,  or  in  any  other  Church  ;  introducing  into  your  rules 
for  the  English  Church,  while  yet  new  in  the  faith,  the  best 
things  which  you  may  be  able  to  collect  from  many  Churches. 
Things  are  not  to  be  loved  for  the  sake  of  places,  but  places 
for  the  good  which  is  to  be  found  in  them.' 

A  local  liberty,  acknowledged  as  to  ritual,  could  not  be 
denied  as  to  temporalities.  And,  accordingly,  the  authority 
of  local  custom,  in  the  administration  of  Church  revenues, 
was  recognised  by  the  third  Council  of  Orleans  *  (a.d.  568) 
— which  made    a    distinction    between    the  churches    of 

*  Jus  Univ.  Canon.,  pars  ii.,  sect.  4,  tit.  i.,  cap.  6,  §§  1-5. 

^  Gregory's  Epistles,  lib.  i.,  cap.  36;  and  see  Decretum,  pars  i., 
dist.  99,  cap.  8. 

^  Bede's  Ilist.^  lib.  i.,  cap.  27.  *  Mansi,  Concil.^  vol.  ix.  p.  13. 


CHAP.  I  REVENUES  AND  DISTRIBUTION  27 

cathedral  cities,  where  the  bishop  was  to  have  full  power 
over  all  offerings,  etc.,  and  those  of  towns  and  villages  else- 
where in  the  diocese ;  in  which  the  custom  of  each  place 
was  to  be  observed.-^  And,  by  a  capitular  of  Louis  the 
Simple 2  (a.d.  819)  relating  to  tithes,  the  imperial  commis- 
sioners— civil  officers — were  instructed  to  see  that  tithes 
were  paid  by  every  one,  '  according  to  the  ascertained  custom 
or  usage.'  ^ 

§  4.   The  Roman  rule  of  Quadripartite  Division. 

The  Roman  custom,  from  at  least  the  time  of  Pope 
Gelasius  (a.d.  501),  was  to  divide  the  general  diocesan 
revenues  into  four  portions — one  for  the  bishop ;  one  to  be 
distributed  by  him  among  his  clergy,  according  to  their 
respective  degrees  and  merits ;  one  for  the  poor  and 
strangers  {peregrinis) ;  one  for  the  fabrics  of  churches.  In 
a  decretal  letter  to  the  *  bishops  of  Dardania,'  Pope  Gelasius* 
ordered  that  every  bishop  should  be  charged,  on  his  conse- 
cration, so  to  divide  all  the  Church  revenues.  In  two  other 
decretal  Epistles,^  addressed  to  officers  ^  of  the  Church  of 
Volterra  (in  which  abuses  requiring  correction  had  occurred), 
the  same  Pope  directed  that  the  bishop  should  associate 
with  those  officers  a  third,  as  his  own  special  representative ; 
and  that  the  three  should  bring  to  him  the  full  amount  of 
all  rents  and  payments  from  all  the  landed  estates  {prcedia) 

^  *  Defacultatibus  vero parochiarum  vel  basilicarum  inpagis  civitatum 
coustitutis^  singulorum  locorum  consuetudo  servelur.* 

2  Baluze,  vol.  i.  p.  620, 

^  Siait  mos  vel  sacra  consuetudo  esse  dignoscitnr. 

^  Mansi,  Concil.,  vol.  viii.  p.  12  :  ^Ut  de  reditu  eccksia  vel  ohlationibns 
pdeliu?n  qtiatuor pant portiones,^  eic.  ^  Idid.,  pp.  114,  115. 

^  The  Archdeacon  and  '  Oecouomus.' 


28  ANCIENT  FACTS  AND  FICTIONS  part  i 

of  the  Church,  both  urban  and  rural;  which  the  bishop, 
after  deduction  of  expenses,  and  reserving  a  fund  for 
contingencies,  was  to  divide  into  the  same  four  portions. 
The  Church  officers  were  to  be  cognisant  of  the  distribution 
of  the  portion  allotted  to  the  poor,  and,  under  the  bishop's 
direction,  were  to  make  the  necessary  expenditure  on  the 
church  fabrics.  The  portion  allotted  to  the  clergy  was  to  be 
distributed  according  to  the  sole  discretion  of  the  bishop 
himself. 

These  decretals  of  Gelasius  were  often,  in  countries  where 
the  Roman  rule  of  fourfold  division  was  followed,  referred 
to  as  the  authority  for  it.-^  It  was  mentioned,^  as  the  cus- 
tom {mos)  of  the  Apostolic  See,  with  respect  to  every  sort 
of  Church  revenue  (de  omni  stipendio  quod  accedit\  in  the 
answer  of  Pope  Gregory  the  Great  to  the  first  of  Augustin's 
questions ;  and  he  enforced  it,  on  several  occasions,^  in 
Italy  and  Sicily.  Some  of  the  bishops  of  Sicily  had  sought 
to  confine  it  to  ancient  revenues  (antiquorum  redituum)  of 
the  Church,  and  had  dealt  with  the  fruits  of  later  acquisi- 
tions on  a  different  footing.  But  Gregory^  refused  to  allow 
that  distinction.  He  did  not,  however,  consider  the  same 
rule  applicable  to  the  condition  of  the  nascent  Anglo-Saxon 
Church,  advising  Augustin  to  follow  the  primitive  practice 
of  the  Apostolic  Church. 

^  See,  e.g.^  Mansi,  Concil.^  vol.  xiii.  p.  428;  vol.  xviii.  p.  139.  A 
pretended  decree  of  the  (fictitious)  Roman  Council  under  Pope  Sylvester 
(a.d.  324),  enjoining  the  same  division  of  all  Church  revenues  {de  rediti- 
bus  ecclesice)y  has  been  sometimes  alleged  as  an  earlier  authority.  As 
to  this,  see  Van  Espen,y«j  Univ.  Canon.  ^  pars  ii.,  sect.  4,  tit.  i.,  cap.  6, 
§§  6,  7  ;  ohojus  Nov.  Canon,  (ed.  1777),  pars  ii.,  p.  470. 

2  Bede,  lib.  i.,  cap.  27. 

*  See  his  Works  (Bened.  ed.  of  St.  Maur,  1705),  tom.  ii.,  pp. 
691,  737,  774.  899,  1249. 

*  Ibid.y  p.  691  (Letter  to  Bishop  of  Syracuse). 


CHAP.  I  REVENUES  AND  DISTRIBUTION  29 


§  5.  Apportionment  not  numerically  equal. 

Neither  the  Roman,  nor  any  other  mode  of  division  ever 
used  in  the  Church,  contemplated  (generally)  an  apportion- 
ment of  the  divisible  funds  into  so  many  shares,  numerically 
or  by  valuation  equal.  '  An  arithmetical  or  equal  propor- 
tionate division,'  says  Van  Espen,^  'was  neither  appointed  nor 
made ;  it  varied  according  to  the  customs  and  circumstances 
of  different  places,  which  suggested  the  expenditure,  now  of 
a  larger  portion  upon  the  poor,  and  at  another  time  upon 
the  clergy,  according  to  the  numbers  and  wants  of  the  one 
or  the  other  class.  ...  It  is  clear  that,  out  of  the  revenues 
of  the  Church,  the  clergy  were  paid  and  supported,  the 
sustenance  of  the  poor  provided  for,  and  the  sacred  buildings 
repaired,  by  a  reasonable,  and  not  by  an  arithmetical  distri- 
bution.' 

§  6.  Quadripartite  Division  beyond  Italy. 

It  is  said,  by  the  same  canonist,  that  the  custom 
of  quadripartite  division  was  not  received  and  in  express 
terms  established  ^  in  many  places  out  of  Italy ;  though  the 
general  principle  of  employing  the  ecclesiastical  revenues  for 
the  purposes  contemplated  in  that  division  was  universally 
recognised.  And  he  cited  ^  (apparently  without  dissent)  a 
statement  by  one  of  the  earlier  editors  of  the  works  of  Gre- 
gory the  Great,  that  the  quadripartite  division  prevailed  '  in 
few,  if  any,  parts  of  France.'     That  statement  (which  I  do 

"^  Jus  Univ.  Canon.,  pars  ii.,  sect.  4,  tit.  i,  cap.  6,  §§  10,  14. 
2  '  Accepta  vel  stabilita  verbis  expressis '  (Van  Espen,  Jus   Univ, 
Canon.,  ulfi  supra,  %  I ^).  ^' Ibid. 


30  ANCIENT  FACTS  AND  FICTIONS  part  i 

not  find  adopted  or  repeated  by  the  Benedictine  editors  of 
A.D.  1 705  ^)  cannot  be  accepted  as  correct.  The  quadri- 
partite division,  according  to  the  Roman  rule,  prevailed 
in  the  ninth  century  in  both  the  great  dioceses  of  Paris 
and  Rheims,  and  also  in  the  diocese  of  Soissons;  as 
clearly  appears  from  the  Acts  of  the  sixth  Council  of  Paris  ^ 
(a.d.  829),  from  the  capitulars  of  Archbishop  Hincmar  of 
Rheims,^  addressed  to  the  priests  of  his  diocese  in  a.d.  858, 
and  from  the  constitutions  of  Riculf,  Bishop  of  Soissons  * 
(a.d.  889).  Nor  is  there  any  reason  to  suppose  that  it  was 
confined  to  those  dioceses.  In  Germany,  also,  it  largely  pre- 
vailed ;  and  was  restored  by  bishops  and  councils  in  some 
places  where  it  had  been  departed  from.  Thus,  at  the 
Council  of  Salzburg^  (a.d.  807)  the  question  arose,  and  was 
determined  from  'the  ancient  canons'  in  favour  of  the 
quadripartite  division;  and  certain  abbots,  then  present, 
who  had  received  tithes  without  accounting  for  the  episco- 
pal one-fourth  share,  made  restitution  to  their  respective 
bishops.  At  Basle,  in  a.d.  821,  the  bishop^  (named  Ahyto) 
considering  himself  entitled  under  a  canon  of  the  fourth 

^  The  St.  Maur  edition  of  Gregory  the  Great's  works  is,  by  universal 
consent,  better  than  any  which  preceded  it. 

2  Mansi,  Concil.^  vol.  xiv.  p.  550  (lib.  i.,  cap.  15,  of  the  Acts  of  the 
Council,  referring  to  *  Geiasius  in  decretalibus,  cap.  27  ; '  and  relating 
to  Church  revenues,  ^ ecdesiasticce  res^  and  'facultates^  generally). 

^  Mansi,  Concil,,  vol.  xv.  p.  480  (pars  ii.,  art.  16,  of  Hincmar's  capi- 
tulars) :  ^juxta  institutionem  canonicaniy  as  to  tithes  in  particular. 

*  Mansi,  Concil..,  vol.  xviii.  p.  85  (art.  11)  :  *  canonica  auctoritate* 
as  to  all  the  ^facultates  ecclesia.^  The  quadripartite  division  is  also 
directed  in  some  (though  not  the  best  or  most)  of  the  manuscripts  of  the 
Acts  of  the  Council  of  Thionville,  a.d.  803  (Mansi,  vol.  xiii.  p.  428). 

^  Mansi,  Concil.,  vol.  xiv.  p.  13.     (The  question  there  was  as  to  tithes.) 

'  Ibid.y  p.  390.  (As  to  tithes  :  ^  Nos  vera  hac  potcstate  uti  nolumus^ 
sed  tantum  quartam  partem^  juxta  constitutiones  Romanorum  Pontifi- 
cuftiy  et  observantiam  sancta  Romance  ecclesicsy  habere  volumus,^) 


CHAP.  I  REVENUES  AND  DISTRIBUTION  31 

Council  of  Toledo  to  one-third,  elected,  in  preference,  to 
take  a  fourth  part  only,  *  according  to  the  ordinances  of  the 
Roman  pontiffs,  and  the  usage  of  the  Holy  Roman  Church.' 
The  Council  of  Mentz,^  held  (a.d.  841)  under  Archbishop 
Rabanus  Maurus,  decreed  'that  the  tithes  given  to  the 
several  churches  be  dispensed  by  the  priests,  according  to 
the  bishop's  judgment,  for  the  use  of  the  Church  and  the 
poor ; '  and  '  that  both  of  the  rents  of  land  and  of  the  offer- 
ings of  the  faithful,  four  portions  be  made,  as  the  means  of 
each  church  may  allow,  according  to  what  was  long  since 
reasonably  ordained :  one  part  for  the  bishop,  another  for 
the  clergy,  another  for  the  poor,  and  the  fourth  to  be  laid 
out  as  the  bishop  may  appoint  on  the  fabrics  of  the 
Church.* 

The  Councils  of  Worms  ^  (a.d.  Zd^),  and  of  Tribur  ^  and 
Martzen*  (both  a.d.  895),  and  Walafrid  Strabo,^  much  of 
whose  life  was  spent  in  the  monastery  of  Fulda,  and 
who  became  Abbot  of  Reichenau  in  the  diocese  of  Con- 
stance (writing  in  the  earlier  half  of  the  ninth  century),  all 
laid  down  the  same  rule  of  quadripartite  division,  as  canoni- 
cally  binding  on  their  several  churches.  Every  royal  and 
imperial  capitular  which  speaks  of  any  division  at  all, 
whether  Transalpine  or  for  Lombardy,  and  every  canon  or 
law  mentioning  it  in  the  collections  of  Ansegisus  and  of 

1  Mansi,  Comil.y  vol.  xiv.  p.  906  (art.  10). 

2  Mansi,  Concil.,  vol.  xv.  p.  871  (art.  7):  ^  De  reditu  ecclesia  et  de 
oblatione  fidelium,^  etc. ;  in  the  exact  words  of  Gelasius,  though  not 
naming  him,  and  not  mentioning  tithes. 

^  Mansi,  Concil.^  vol.  xviii.  p.  139.     (Art.  13,  as  to  tithes.) 

*  Ibid.^  p.  169.     (Art.  10,  as  to  tithes.) 

**  Cap.  27:  ^  De  decimis  dandis^  (Migne's  ed.,  1852,  p.  961).  He 
lays  down  the  rule  of  division,  not  as  to  tithes  only,  but  more  gene- 
rally :  ^Quatuor  enim  partes  pixta  canones  fieri  de  fide  Hum  oblationibus 
debent,'  etc. 


32  ANCIENT  FACTS  AND  FICTIONS  part  i 

Benedict  the  Levite,^  relates  to  the  quadripartite  division 
only. 

§  7.  Tripartite  Division, 

For  the  statement  of  Bishop  Kennett^  (followed  by 
Blackstone  ^  and  others)  that  *  when  sees  began  to  be  en- 
dowed with  lands,  etc.,  the  bishops,  to  encourage  a  quicker 
foundation  of  churches,  did  tacitly  recede  from  their  quarter 
part,  and  were  afterwards  by  canons  forbid  to  demand  it  if 
they  could  live  without  it,'  there  does  not  seem  to  be  any 
good  foundation.  The  customs,  both  of  quadripartite  and 
of  other  modes  of  division,  were  local ;  I  find  no  trace  of 
a  transition  anywhere  from  the  quadripartite  to  a  tripartite 
division,  or  of  canons  'forbidding  bishops  todemand'  their 
share.  It  was,  indeed,  suggested  by  some  bishops*  and 
councils,^  that  the  case  might  happen  of  a  bishop  who  did 
not  need  his  share  being  willing  to  forego  it ;  but  of  any 
compulsion  to  do  so,  or  of  any  such  renunciation  by  a 
bishop  for  his  successors  as  well  as  himself,  I  have  found 
no  example. 

There  is  much  more  ground  for  saying  that  direct  proofs 
of  the  prevalence,  either  in  France  or  elsewhere,  of  a  tripar- 
tite or  any  other  mode  of  division  different  from  the  Roman, 

^  Baluze,  Capit.,  vol.  i.  p.  691  et  seq.  As  to  Benedict,  see  Introduc- 
tion, ante,  p.  10. 

2  Case  of  Impropriations  (1704),  P-  IS* 

'  Comm.j  vol.  i.  pp.  384,  385  (book  i.,  cap.  11). 

*  Bishop  Riculf  of  Soissons  (a.d.  889) :  *  Scire  debetis,  quia  facultates 
ecclesice  in  quatuor  partes  canonica  auctoritate  sunt  divisa ;  ex  quibus 
una  est y  si  voluerit,  episcopi ;  alia  ad  luminaria,^  etc.  (Mansi,  Concil., 
vol.  xviii.  p.  85). 

*  Toledo  xvi.  (a.d.  693)  :  ^  Si  eas  (so.  tertiaSy  quas  antiqui  canones 
de  parochiis  suis  hahendas  episcopis  censuerunt)  maluerint  reddere ' 
(Mansi,  Concil.y  vol.  xii.  p.  72). 


CHAP.  I  REVENUES  AND  DISTRIBUTION  33 

are  few  and  scanty,  than  for  affirming  such  a  proposition  as 
to  the  quadripartite  division  in  Continental  Churches  west 
and  north  of  the  Alps.  I  will  first  speak  of  the  usages  of 
the  Spanish  Peninsula,  of  which  the  influence  extended  to 
parts  of  France  bordering  on  the  Mediterranean,  and  was 
even  felt  north-eastward  (as  we  have  seen  in  Bishop  Ahyto's 
case)  as  far  as  Basle. 

In  Spain  there  is  evidence,  in  the  sixth  and  seventh 
centuries,  of  a  particular  form  of  tripartite  division ;  not, 
however,  of  one  from  which  the  bishop  was  excluded.  On 
the  contrary,  the  bishop  took  one-third  share,  subject  to 
the  repair  of  those  churches  to  which  a  fourth  would  have 
been  assigned  by  the  Roman  rule ;  and  this  would  seem, 
from  Bishop  Ahyto's  case,  to  have  been  more  profitable  to 
him  than  if  he  had  taken  one-fourth.  This  mode  of  division 
was  established  by  the  Council  of  Tarragona^  (a.d.  516), 
which  threw  upon  the  bishop  the  burden  of  those  repairs, 
expressly  on  the  ground  of  his  canonical  right  to  one-third 
of  all  church  revenues.  The  fourth  ^  and  ninth  ^  Councils 
of  Toledo  (a.d.  633  and  657)  recognised  that  right,  but 
were  silent  as  to  the  burden;  the  sixteenth^  Council  of 
Toledo  (a.d.  693)  reinforced  the  obligation  which  that  of 
Tarragona  had  imposed,  giving  the  bishop  an  option  to 
relieve  himself  from  it  at  the  expense  of  the  worshippers  in 
the  churches,  if  he  waived  his  one-third ;  which,  however, 
he  was  to  be  at  all  times  free  to  take,  when  repairs  were 
not  necessary. 

1  Mansi,  vol.  viii.  p.  543.  (This,  and  the  other  Spanish  and  Portu- 
guese canons  mentioned,  relate  to  church  revenues  generally,  and 
not  to  tithes  in  particular. ) 

2  Ibid.^  vol.  X.  p.  627.  (This  council  and  the  next  gave  the  bishop 
one-third  both  of  oblations  and  of  the  rents  and  profits  of  lands. ) 

*  Ibid.^  vol.  xi.  p.  26.  •*  Ibid.^  vol.  xii.  p.  72. 

D 


34  ANCIENT  FACTS  AND  FICTIONS  paht  i 

In  Portugal  the  first  Council  of  Bragai(A.D.  567)  laid  down 
the  rule  that  the  ecclesiastical  revenues-  should  be  divided 
into  three  equal  portions — one  for  the  bishop,  one  for 
the  clergy,  and  one  for  church  repairs  and  lights.  The 
second  Council  of  the  same  place  ^  (a.d.  610)  forbade  the 
bishop,  on  his  visitations,  to  take  a  third  of  the  offerings 
made  by  the  people  in  'parish  churches'  {ex  quacunque 
oblatione  populi  in  ecclesiis  parochialibus)\  appointing  a  third 
of  those  offerings  to  be  given  to  the  repair  fund,  and  (ap- 
parently) leaving  the  rest  to  the  clergy  of  those  churches. 
And  the  Council  of  Merida^  (a.d.  666)  directed  all  the 
offerings  of  the  faithful  in  the  churches  of  cathedral  cities 
to  be  divided  into  three  equal  parts ;  one  for  the  bishop, 
one  for  the  priests  and  deacons  of  those  city  churches, 
and  one  for  the  sub-deacons  and  other  clergy  in  minor 
orders ;  while,  in  country  churches  (here  also  called  paro- 
chial),* two-thirds  were  to  be  divided  among  the  clergy  of 
different  orders,  as  in  cathedral  cities ;  but  the  other  third 
was  to  go,  not  to  the  bishop,  but  for  repairs.  In  this 
Portuguese  mode  of  division  no  share  was  specially  assigned 
for  the  poor. 

Passing  now  to  France,  the  Benedictine  editors  of 
Gregory  the    Great's  Works   (1705)  referred^  to  the   first 

^  Mansi,  vol.  ix.  p.  ^j'Ji.  »  jhid.^-^x.  835.  »  Ibid. ,  p.  ?>t^. 

^  Parochitan<2  ecdesice^  having  parochitanos  presbyteros.  These  were, 
apparently,  collegiate  or  conventual  churches,  having  each  a  familia^ 
which  was  a  nursery  for  clerks  ;  and  having  deacons,  as  well  as  priests, 
and  lower  clerks,  among  whom  the  division  was  to  be  made.  The 
Council  spoke  of  the  bishop  as  entitled,  under  the  former  canons,  to  a 
third  part  of  the  revenues  of  this  class  of  churches  also — which  it  took 
away,  thinking  him  otherwise  amply  endowed :  ^Priscis  quippe  canonibus 
erat  decretum,  ut  episcopus  de  parochitatiis  ecclesiis  tertiam  sequeretur ,' 
ciii  sua  plenissime  sttfficere  possunt. ' 

•*  Tom.  ii.,  p.  691  (note  to  Gregoiy's  Epistle  to  Bishop  of  Syracuse). 


CHAP.  I  REVENUES  AND  DISTRIBUTION  35 

Council  of  Orleans^  (a.d.  511),  as  having  laid  down 
the  Roman  rule  for  Gallican  Churches.  This  is  not  ac- 
curate, unless  the  Acts  of  that  Council,  as  printed  in  the 
great  collections  of  Mansi  and  his  predecessors,  are  corrupt. 
Several  of  its  canons  relate  to  the  distribution  of  different 
kinds  of  church  revenues ;  and  they  are  not  easy  to  recon- 
cile with  each  other.  They  laid  down,  first,  a  special  rule, 
not  for  a  tripartite  division,  but  for  the  application,  generally, 
to  'the  repair  of  churches,  the  sustenance  of  priests  and 
the  poor,  or  the  redemption  of  captives,'  of  the  fruits  and 
profits  of  certain  royal  gifts  (given,  doubtless,  by  Clovis 
after  his  conversion),  of  lands  privileged  from  secular 
services,  and  of  any  similar  gifts  which  might  at  any  future 
time  be  made  to  the  Church.  Then,  as  to  offerings  at  the 
altars  of  churches,  another  canon  assigned  half  of  them  to 
the  bishop,  and  the  other  half  for  distribution  among  the 
clergy :  adding,  that  prcedia  of  every  kind  were  always  to 
remain  in  the  bishop's  power.  A  third  canon  said  that 
all  the  offerings  of  the  faithful  to  the  diocese,  consisting  of 
lands,  vineyards,  or  other  private  property,  should  be  in  the 
bishop's  power;  and  (which  seems  inconsistent  with  what 
had  gone  before)  that  a  third  part  of  what  was  offered  at 
the  altar  should  go  to  the  bishop.  And,  lastly,  the  bishop 
was  enjoined,  '  as  far  as  possible,'  to  give  food  and  cloth- 
ing to  the  poor  and  infirm  who  were  incapable  of  manual 
labour. 

These  were  special  and  intricate  provisions.  There  was 
no  quadripartite  division.  There  was  either  a  tripartite 
or  a  bipartite  division  of  offerings,  from  which  the  bishop 
was  not  excluded;  and  there  was  a  general  appropriation 
of  the  revenues  arising  from  royal  gifts  of  land  to  the  other 

^  Mansi,  vol  viii.  p.  347. 


36  ANCIENT  FACTS  AND  FICTIONS  part  i 

usual  purposes,  in  which  the  bishop  was. to  take  no  share. 
How  far,  and  how  long,  these  canons  of  Orleans  were  acted 
upon,  may  be  doubted.  By  a  letter  of  Abbo,^  the  celebrated 
Abbot  of  Fleury,  who  at  the  close  of  the  tenth  century 
defended  monastic  claims  to  tithes  against  his  own  diocesan 
(of  Orleans)  and  other  bishops,  it  appears,  that  the  bishops 
of  Orleans  and  other  neighbouring  parts  of  France  were 
then  in  the  habit  of  claiming,  and  taking  for  themselves, 
one-third  of  the  general  ecclesiastical  revenues ;  and  that, 
in  Abbo's  view,  their  right  was  to  one -fourth,  according  to 
the  Roman  rule. 

No  Acts  of  any  ancient  Galilean  Councils,  either  earlier 
or  later  than  this  first  of  Orleans — no  royal  or  imperial 
capitular  or  law — can  be  cited  in  support  of  the  proposi- 
tion advanced  by  some  respectable  writers, ^  that  a  tripartite 
division,  either  of  all  ecclesiastical  revenues,  or  of  tithes  in 
particular,  was  at  any  time  the  general  custom  of  France.^ 
The  document,  to  which  Ducange  refers  for  that  purpose 
(known  as  the  Capitulare  Episcoporuni)^^  is  interesting,  and 

^  Gallandii  Bibliotheca  Veterum  Patrum  (Venice  1781),  torn.  xiv. 
p.  151  ;  Bouquet,  Recueil  des  Histoires^  vol.  x.  p.  440. 

2  Ducange  (Gloss  in  v.  'Dismes'):  *  Tantum  moneo^Decimas  Ecclesics 
in  tres  partes  divisasy  etc.  ;  referring  to  Charlemagne's  capitular  of 
A.D.  779,  which  says  nothing  about  any  division ;  to  the  Capitulare 
Episcoporum;  and  to  De  Lauriere's  Glossarium  Juris  Gallici,  v. 
'  Dismes,'  where,  also,  there  is  nothing  in  point. 

3  The  fourth  article  of  the  Ordinances  of  Aix-la-Chapelle,  of  A.D.  816 
{see  post,  p.  85),  provided  for  a  division  different  from  either  the  quad- 
ripartite or  the  tripartite ;  giving  a  larger  share  to  the  poor  than  either 
one-fourth  or  one-third,  and  no  share  to  the  bishop.  But  this  division 
was  to  take  place  only  as  to  gifts  to  the  Church,  later  than  A.D.  813, 
of  which  no  appropriation  might  be  made  by  the  donors. 

*  Baluze,  Capit.,  vol.  i.  p.  357;  Mansi  (from  Baluze),  vol.  xiii. 
p.  1069.  See  both  texts  of  this  document,  from  the  Metz  and  Andain 
MSS.,  in  Appendix  A. 


CHAP.  I  REVENUES  AND  DISTRIBUTION  37 

may  be  accepted  as  evidence  that  in  some  districts  of 
France  and  the  Low  Countries  (including,  probably,  Bra- 
bant, Luxemburg,  the  Ardennes,  and  parts  of  the  adjoining 
provinces  of  Lorraine  to  the  south-east,  and  Artois  and 
Picardy  to  the  west),  tithes  were  in  the  ninth  century 
divided  into  three  portions ;  ^  one  for  the  Church,  one  for 
the  poor,  and  one  for  the  priests.  But  it  has  been  already 
seen  that,  to  the  immediate  south  of  that  region,  the  limits 
of  that  custom  were  so  circumscribed  that  it  did  not  extend 
to  Soissons  or  Rheims;  the  quadripartite  division,  which 
was  the  rule  in  those  dioceses,  prevailed  in  the  metro- 
politan diocese  of  Paris  also ;  and  at  Orleans,  in  the  tenth 
century,  Abbo  knew  nothing  of  the  Capitulare  Episco- 
porum,  or  of  any  practice  corresponding  with  its  article  as 
to  tithes. 

As  a  document,  identical  for  this  purpose  (though  not  so 
entitled)  with  the  Capitulare  Episcoporum^  will  elsewhere  in 
this  work  be  shown  to  have  been  the  true  source  of  every 
passage  in  certain  Anglo-Saxon  compilations  of  the  tenth 
and  eleventh  centuries  which  mentions  a  tripartite  division 
of  tithes,  it  seems  desirable  to  collect  such  information  as 
is  accessible  about  it. 

§  8.  TJie  '  Capitulare  Episcoporum.^ 

This  title  is  in  one  only  of  three  ancient  Galilean  manu- 
scripts of  the  document  in  question,  which  were  extant 
(I  am  not  aware  that  any  others  were  then,  or  are  now, 
known)  in  the  seventeenth  century — that  preserved  at  Metz, 
in  the  library  of  the  monastery  of  St.  Vincent,  and  first 

^  One  of  its  articles  directed  such  a  division  to  be  made  *  according 
to  canonical  aiithoj-ity^  before  zvitnesses.^     Seeposf,  p.  228. 


38  ANCIENT  FACTS  AND  FICTIONS  part  i 

published  by  Sirmondi  in  a.d.  1629,  in  his  Galilean  Coun- 
cils ;^  from  which  work  it  was  copied  by  Baluze,^  in  his 
Capitulars  of  the  Frank  Kings.  It  is  from  those  publica- 
tions that  it  is  best  known.  Of  this  Metz  text  there  is 
another  ancient  copy  (without  the  title  Capltulare  Eplseo- 
porwn)  in  the  Vatican  Library,^  which  is  supposed  to  be  of 
the  ninth  or  tenth  century,  and  which,  having  originally 
belonged  to  the  church  of  St.  Martin  at  Mentz,  was  trans- 
ferred in  the  fifteenth  century  to  the  library  of  the  Elector 
Palatine  at  Heidelberg,  and  from  thence  to  Rome  in 
A.D.  1623,  after  the  conquest  of  the  Palatinate  by  Maxi- 
milian, Duke  of  Bavaria.  The  third  manuscript  was  in  the 
library  of  the  monastery  of  St  Hubert,  at  Andain  in  the 
Ardennes ;  and  was  published  by  Martene  and  Durand  *  in 
A.D.  1733,  in  their  Ampllsslma  eolleetlo  of  ancient  ecclesi- 
astical documents;  being  considered  by  them  to  be  then 
800  years  old,^  and  to  belong  to  the  earlier  part  of  the  tenth 
century.  The  Metz  manuscript  was,  probably,  not  less 
ancient ;  it  is  described  as  one  of  very  high  quality.  The 
originals,  from  which  both  were  copied,  must  have  been  a 
century  or  more  older. 

A  singular  heading — singular,  because  it  is  difficult  for  a 
man  of  ordinary  intelligence  to  find  all  that  follows  in  Holy 
Writ — is  common  to  all  three  manuscripts : 

*  These  are  the  articles  {capltula)  fro7n  the  writings  of 
the  Holy  Scriptures,  which  the  chosen  priests  have  thought 
fit  to  be  kept  and  observed.^ 

^  Concilia  Antigua  Gallia,  vol.  ii.  p.  249.         ^  Vol.  i.  p.  357, 
'  The  volume  containing  it  is  numbered  582,  in  the  recently  pub- 
lished catalogue  of  the  Latin  Palatine  MSS.  now  in  the  Vatican.     It 
contains  an  imperfect  collection  of  Frank  Capitulars,  followed  by  the 
four  books  of  the  Abbot  Ansegisus. 

*  Velejtwi  Scriptortim  et  Monumentorum,  etc.    A7iiplissima  Collection 
Paris  1733,  vol.  vii.  p.  26.  ^  Ibid.,  p.  16. 


CHAP.  I  REVENUES  AND  DISTRIBUTION  39 

There  is  nothing  to  show  who  '  the  chosen  priests '  were, 
or  when,  where,  or  by  what  authority  they  were  chosen. 
The  Metz  title,  The  Bishops^  Capitular^  implies,  not  that 
those  who  drew  up  the  paper  were  bishops,  but  that  the 
authority  by  which  it  was  promulgated  was  episcopal,  not 
secular.  It  did  not  obtain  a  place  in  any  Galilean  or  other 
Continental  code  of  laws  or  canons ;  and  the  source  of  those 
copies  of  or  extracts  from  it  which  were  made  by  Anglo- 
Saxon  scholars  or  divines  remained  unknown  to  the  learned 
until  after  Sirmondi's  publication. 

The  first  step  towards  a  probable  conclusion  as  to  the 
character  and  true  date  of  the  original  document  is  to  ascer- 
tain the  relative  value  of  the  Metz  ^  and  Andain  texts. 

The  Metz  text  contains  twenty-two  articles,  of  which  one 
(the  seventeenth)  is  absent  from  the  Andain;  the  rest 
correspond,  with  only  a  few  clerical  variations.  In  the 
Metz  manuscript  each  article  has  prefixed  to  it  a  sub- 
title ;  the  corresponding  articles  in  the  Andain  text,  and  in 
the  Vatican  manuscript  also,  have  no  sub -titles.  In  all 
three  texts  the  thirteen  last  articles  (exclusive  of  that  which 
is  not  common  to  them)  occur  in  the  same  order ;  but  the 
order  of  the  eight  first  is  different.  Both  in  the  order,  and 
in  the  omission  of  the  seventeenth  (Metz)  article,  the  Anglo- 
Saxon  copyists  followed  the  Andain,  and  not  the  Metz  text. 
All  the  twenty-one  articles  which  occur  in  both  relate  to  the 
duties  of  priests,  and  were  (perhaps  for  that  reason)  called 
'Sacerdotal  Laws'  (Jura  sacerdotuni)  by  the  Anglo-Saxon 
copyists.  The  word  'sacerdos,'  'sacerdotes,'  or  'presbiterus,' 
occurs  in  every  one  of  them.  But  it  does  not  occur  in  the 
seventeenth  article  of  the  Metz  text,  which  is  an  incongruous 

^  The  Vatican  text  (except  where  any  difference  is  noted  in  Ap- 
pendix A)  is  the  same  as  the  Metz. 


40  ANCIENT  FACTS  AND  FICTIONS  part  I 

interpolation,  relative  not  to  any  priestly  duty,  but  to  the 
rule  of  thirty  years'  prescription  in  cases  of  disputed  ecclesi- 
astical titles.  Nor  is  this  the  only  indication  of  the  superior 
claim  of  the  Andain  manuscript  (clerical  errors  excepted)  to 
represent  the  original  text.  Its  seventh  and  eighth  articles, 
enjoining  upon  priests  the  duty  of  praying  '  for  the  life  and 
empire  of  the  Lord  Emperor,  and  for  his  sons  and  daughters,' 
and  for  bishops,  stand  there  in  an  order  which  the  context 
makes  natural  and  probable.  If  they  had  stood  first,  it  is 
not  probable  that  any  later  copyist  would  have  degraded 
them  to  a  lower  place.  But  in  the  Metz  text  those  two 
articles  are  made  to  precede  all  the  rest ;  and  there  is  no 
difficulty  in  understanding  such  a  transposition  of  the 
original  order  by  ecclesiastical  courtiers. 

The  force  of  these  considerations  is  not  weakened  by 
the  fact  that,  in  the  Andain  manuscript,  six  other  articles 
(not  in  the  Metz  text)  are  added.  They  are  added  in  such 
a  manner  as  to  distinguish  them  from  the  twenty-one,  and 
to  show  that  they  were  not  derived  from  the  same  original 
source;  a  sub- title  of  its  own  being  prefixed  to  each  of 
them.  Their  addition  is  consistent  with  the  date  to  which 
the  twenty-one  'Sacerdotal  Laws'  (only  one  of  the  added 
articles  referring  to  the  duties  of  priests)  ought  probably  to 
be  assigned. 

What  is  that  date?  Sirmondi  (and  Baluze  following 
him),  finding  none  on  the  face  of  the  document,  beyond 
the  proof  (afforded  by  the  injunction  to  pray  for  the  '  Lord 
Emperor,'  etc.)  that  it  must  have  been  later  than  the 
assumption  of  the  imperial  dignity  by  Charlemagne 
(a.d.  800),  placed  it — for  that  reason  only — immediately 
after    the    capitulars    of   the    first    year    of    his    empire.^ 

^  Its  place  in  the  Vatican  manuscript  is  after  the  Capitulars  of  Pippin, 


CHAP.  I  REVENUES  AND  DISTRIBUTION  41 

But  Selden  ^  observed  (not  indeed  upon  that  document,  for 
he  was  ignorant  of  it,  but  upon  the  articles  which  were  copied 
from  it,  as  he  found  them  in  the  Cottonian  manuscript  of  what 
are  generally  called  'Egbert's  Excerptions')  that  it  could 
not  be  earlier  than  the  '  canonical  authority '  for  the  division 
of  tithes  'before  witnesses,'  to  which  the  article  on  that 
subject  referred ;  and  he  found  no  such  '  canonical  authority,' 
earlier  than  an  imperial  capitular  really  belonging  (as  will 
be  seen  in  a  later  chapter)  to  a.d.  830.^  There  was,  how- 
ever, an  earlier  capitular  of  the  last  year  of  Charlemagne's 
reign  (a.d.  813),  confirming  a  canon  of  the  third  Council  of 
Tours  (one  of  the  several  Gallican  Councils  held  by  the 
Emperor's  command  in  that  year),  which  seems  more  likely 
to  be  the  'canonical'  authority  so  referred  to.  The  canon 
of  Tours  ^  is  in  these  words :  '  The  bishops  are  to  have 
power,  in  the  presence  of  the  priests  and  deacons,  out  of 
the  treasure  of  the  church,  to  take  for  the  family  and  poor 
of  the  same  church,  according  to  the  institution  of  the 
canons,  agreeably  to  their  need.'  The  imperial  ordinance  * 
confirming  it  is :  '  That  every  bishop  have  power,  out  of 
the  treasure  of  the  church,  in  the  presence  of  witnesses 

and  before  those  which  follow  under  the  title  '  Capitular.  Kai'oli  Im- 
peratoris.'  Mansi  (vol.  xiii.  p.  1073),  after  saying,  in  his  note  to  the 
reprint  from  Baluze  (p.  1069),  *  Ad  anmim  802  viri  docti  revocant^^ 
prefixes  to  a  number  of  documents  reprinted  by  him  from  Martene  and 
Durand,  including  those  from  the  Andain  MSS.  (of  which  this  is  one), 
a  preface  in  these  words  :  *  In  cake  conciliorum  ad  atatem  Caroli  Magni 
pertiiientiuni,  collocandas  duxi  satictiones  has  ecclesiasticas  ejusdem 
Imperatoris,  et  aliorum  ;  non  quod  omnes  vel  saltern  ex  its  aliquas  sub 
exituyn  vita  Caroli  datas  censeam,  sed  eo  usus  consilio,  quod  aim  iiicerti 
sint  temporis,  ideo  illis  omnibus  canotiicis  constitutionibuSy  de  quaruvi 
epocha  certi  stimus,  subjiciendas  duxerim. ' 

1  Selden's  Hist,  of  Tithes,  ch.  8,  §  i,  ed.  161 8,  p.  197. 

2  Post,  pp.  53,  54.  3  Mansi,  vol.  xiv.  p.  85. 
^  Baluze,  Capit.,  vol.  i.  p.  503. 


42  ANCIENT  FACTS  AND  FICTIONS  parti 

(cum  testibus\  to  take  what  is  needful,  according  to  the 
canons,  for  the  support  of  the  poor.'  This  is  the  first 
enactment  as  to  witnesses  in  connection  with  any  distribu- 
tion of  church  revenues,  which  is  anywhere  to  be  found;, 
and,  taking  this  to  be  the  *  canonical  authority '  referred  to 
in  the  '  Sacerdotal  Laws '  of  the  Metz,  Vatican,  and  Andain 
manuscripts,  it  follows  that  they  were  not  earlier  than 
A.D.  813.  That  conclusion  is  confirmed,  as  to  the  Andain 
manuscript,  by  one  (that  numbered  23)  of  those  six  articles, 
which  (in  that  manuscript  only)  are  added.  This  is  taken, 
almost  verbatim^  from  a  canon  as  to  the  rights  of  *  ancient 
churches,'  first  enacted  in  the  same  year  (a.d.  813)  by  two 
others  of  Charlemagne's  synods  (those  of  Mentz-^  and 
Arles),^  and  also  confirmed  by  the  nineteenth  article  of  the 
same  imperial  capitular.^ 

As  to  the  occasion  for  the  work  of  *  the  chosen  priests,' 
and  the  place  or  places  for  which  its  rules  were  prepared 
and  published,  the  mere  situation  (in  the  Ardennes  and  in 
Lorraine  and  at  Mentz)  of  the  monasteries  in  whose  libraries 
it  was  preserved,  might  be  inconclusive ;  but  it  is  not  with- 
out weight.  For  it  was  certainly  probable  that  transcripts 
of  such  a  document  would  be  preserved  in  those  dioceses 
in  or  near  which  it  was,  or  had  been,  in  force,  rather  than 
elsewhere;  and  the  two  Benedictine  monasteries  of  Metz 
and  Andain  were  places  in  which  (assuming  it  to  have  been 
in  force  in  those  parts  of  the  Frank  territory)  it  would  have 
been  likely  to  be  found.  They  were  famous  among  the 
greatest  and  most  ancient  religious  houses  of  the  Galilean 
Church.  That  of  Andain  was  founded  by  one  of  the  earliest 
Bishops  of  Liege.     The  remains  of  St.  Hubert,  the  founder 

^  Mansi,  vol.  xiv.  p.  55  (art.  41).  ^  Ibid.,  p.  60  (art.  20). 

^  Baluze,  vol.  i.  p.  503. 


CHAP.  I  REVENUES  AND  DISTRIBUTION  43 

of  that  see,  were  solemnly  translated  to  it  in  a.d.  825,  from 
which  time  it  was  called  by  his  name.  That  of  St.  Vincent 
of  Metz  was  founded  by  Theodoric  or  Thierry,  son  of  Clovis, 
and  King  of  Austrasia  (of  which  Metz  was  the  capital),  in 
the  sixth  century.  From  Metz  it  might  naturally  pass  to 
other  places,  such  as  Mentz  on  the  Rhine.  The  situation 
of  those  monasteries,  however,  is  not  the  only  clue  to  the 
history  of  the  document.  In  the  Andain  manuscript  it  did 
not  stand  alone,  but  was  associated  with  a  series  of  other 
documents  relating  to  the  diocese  of  Liege,  and  to  the 
period  between  a.d.  800  and  a.d.  808,  which  may  be  reason- 
ably believed  to  have  had  some  connection  with  it. 

Charlemagne,  as  Emperor,  and  under  that  title  (there- 
fore after  a.d.  800),  addressed  to  Ghaerbald,  then  Bishop 
of  Liege,  a  letter,-^  which  is  the  first  in  that  series  of  docu- 
ments. He  took  notice  that  certain  children,  presented  at 
the  preceding  Epiphany  for  public  baptism,  had  been  ex- 
amined by  his  order  as  to  their  knowledge  of  the  Lord's 
Prayer  and  the  Creed;  and  that,  being  found  wanting,  he 
had  caused  their  baptism  to  be  deferred  till  they  should  be 
better  prepared.  He  urged  the  bishop  to  impress  upon  his 
clergy  the  necessity  of  paying  more  attention  to  that  part  of 
their  duty ;  and  the  letter  ended  with  an  admonition  to  the 
bishop  '  to  be  mindful  concerning  the  duties  of  the  priestly 
ministry,  and  for  that  purpose  to  convene  an  assembly  of 
the  priests  of  his  diocese,  and  carefully  search  into  and 
examine  the  truth  of  that  matter.' 

On  this  the  bishop  addressed  two  pastoral  letters,^  suit- 
able to  the  occasion  (which  follow  next  in  the  series), — the 
one  to  his   'flock'  in  his  seignories  of  Condros,  Loortz, 

^  Martene  and  Durand,  Ampliss.  Coll.,  vol.  vii.  p.  19. 
2  Ibid.,  pp.  16,  20. 


44  ANCIENT  FACTS  AND  FICTIONS  part  i 

Hasbain,  and  Ardennes;  the  other  to*  the  priests  of  his 
diocese.  To  the  former  he  mentioned,  to  the  latter  he  sent 
copies  of,  the  Emperor's  communication ;  taking  to  himself 
some  share  of  the  reproof  which  it  conveyed,  but  intimating 
that  he  feared  there  must  have  been  neglect  of  duty  by 
many  of  his  clergy. 

The  fourth  document,  which  succeeds  this,  is  another 
letter  ^  from  the  Emperor  to  the  same  bishop,  appointing  a 
special  fast  to  be  observed,  for  the  calamities  of  famine, 
pestilence,  and  war,  then  afflicting  the  empire ;  and  direct- 
ing notice  of  it  to  be  given  in  all  the  *  baptismal  churches ' 
and  monasteries  of  the  diocese.  To  this  was  subjoined 
(not  in  a  separate,  but  in  the  same  manuscript)  an  episcopal 
charge,^  by  the  same  prelate,  under  seventeen  heads;  and 
after  that,  the  'Sacerdotal  Laws'  of  'the  chosen  priests,'^ 
with  the  six  articles  added  to  them.  Among  the  other 
topics  specially  dealt  with  by  the  bishop's  charge  are  the 
duty  of  teaching  children  the  Lord's  Prayer  and  the  Creed, 
the  observance  of  the  Lord's  Day  and  festivals  and  fasts, 
and  the  payment  of  tithes.  All  these  are  the  subjects  of 
different  articles  in  the  Sacerdotal  Laws,'  the  first  being 
that  to  which  the  Emperor  had  particularly  directed  the 
bishop's  attention.  As  to  tithes,  the  bishop  ordered  that 
all  defaulters,  of  whatever  degree,  should  be  brought  be- 
fore him,  and  should  cause  their  occupying  husbandmen 
{familias)  to  appear  at  such  places  as  he  should  appoint. 
The  charge  concluded  with  a  declaration  of  his  readiness 
and  desire  to  reform  all  abuses  which  might  be  brought  to 
his  notice. 

Charlemagne  had  suggested  that  the  bishop  should  con- 

*  Martene  and  Durand,  Ampliss.  Coll.y  vol.  vii.  p.  21. 
2  Ibid.,  p.  23.  ^  Ibid.,  p.  26. 


CHAP.  I  REVENUES  AND  DISTRIBUTION  45 

vene  a  synodical  assembly,  to  '  search  into  and  examine  the 
truth  of  the  matter '  *  concerning  the  duties  of  the  priestly 
ministry;'  and  it  is  at  least  probable,  that  the  bishop,  or 
his  successor  (for  he  died  in  a.d.  808),  acted  upon  that 
suggestion ;  and  that  some  priests,  qualified  by  their  learning 
and  piety,  may  have  been  chosen  to  draw  up  a  short  code 
of  rules  for  the  instruction  and  use  of  priests  in  that  and, 
perhaps,  some  other  dioceses.  If  this  was  done,  the  twenty- 
one  articles  of  'Sacerdotal  Laws,'  which  in  the  Andain 
manuscript  follow  Bishop  Ghaerbald's  charge,  are  of  just 
such  a  nature  and  character  as  might  be  likely  to  have 
arisen  out  of  that  occasion.  Various  causes  (perhaps, 
among  others,  the  necessity  for  consideration  by  the  bishops 
on  whose  authority  they  were  to  be  issued),  may  have 
caused  their  final  settlement,  in  the  form  in  which  they 
were  published,  to  be  delayed  for  five  or  more  years  after 
Bishop  Ghaerbald's  death.  In  the  whole  series  of  docu- 
ments there  is  so  much  appearance  of  connection  and 
mutual  relation,  as  to  make  it  at  least  probable,  that  their 
association  together  in  the  Andain  manuscript  was  not  the 
arbitrary  act  of  the  monk  or  clerk  who  transcribed  them  in 
a  later  century.  That  they  all  belong  to  the  first  quarter  of 
the  ninth  century  is  certain.  Until  some  more  reasonable 
account  is  given  of  the  matter,  it  seems  to  me  to  be  a 
probable  conclusion,  that  these  'Sacerdotal  Laws'  were 
prepared  and  issued  primarily  for  the  bishopric  of  Liege 
and  churches  dependent  upon  it,  and  for  the  dioceses  of 
such  bishops  of  other  neighbouring  parts  of  the  Frank 
empire  as  may  have  concurred  in  their  adoption ;  and 
that  this  was  done  within  a  short  time  after  the  death  of 
Charlemagne. 


CHAPTER   II 

CONTINENTAL   LAWS   AS   TO   TITHES 

§  I.  Before  Charlemagne 

In  the  preceding  chapter  I  have  spoken  of  the  ecclesi- 
astical rules  and  customs  which,  from  the  time  of  Pope 
Gelasius  to  the  tenth  century,  governed,  upon  the  continent 
of  Europe,  the  episcopal  administration  of  diocesan  re- 
venues, including  tithes.  Of  tithes,  particularly,  I  propose 
now  to  speak. 

In  the  Decreiwn  of  Gratian,  several  passages,  now 
admitted  to  be  spurious,  are  cited,  as  from  works  of  St. 
Augustine,^  St.  Jerome,^  and  St.  Ambrose,^  to  prove  the 
assertion  by  those  Fathers  of  a  canonical  obligation  to  pay 
tithes.  But  in  the  works  of  two  at  least  of  them,  St.  Augus- 
tine* and  St.  Jerome,^  there  are  genuine  passages,  which, 

^  Decrettifn,  pars  ii,,  causa  xvi.,  quasst.  i,  cap.  66  :  *  Decima  tributa 
sunt  egentium  animarum,''  etc.  And  ibid.y  quaest.  7»  cap.  8  :  *  Majores 
nostri^^  etc. 

2  Ibid.^  quDest.  I,  cap.  68:  *  Liherum  est  clericis  decwias  moiiachis 
concedere^'  etc. 

'  Ibid.y  qugest.  2,  cap.  5  :  'Nam  qui  Deo  tton  vult  reddere  dea'ffias,^ 
etc.     And  quaest.  7,  cap.  4:   '  Fide  liter  dec  imas  dat,'  etc. 

*  Sermo  85  (on  Matt.  xix.  17),  Opera^  vol.  vii.,  Venice  1802, 
P-  454. 

*  Comm.  on  Malachi,  cap.  3  (Opera,  vol.  vi.,  Venice  1768),  pp. 


CHAP.  II      CONTINENTAL  LAWS  AS  TO  TITHES  47 

reasoning  from  the  analogy  of  the  Levitical  law,  and  from 

our  Lord's  saying,  that  the  righteousness  of  His  disciples 

ought  to  exceed  that  of  the  Scribes  and  Pharisees,  urge 

upon  Christians  the  dedication,  for  religious  and  charitable 

purposes,  of  at  least  a  tithe  of  their  means.      Csesarius,^ 

Archbishop  of  Aries   from   a.d.  503   to   544,    appears   to 

have  been  the  first  writer  who  more  distinctly  placed  the 

claim  of  the  Church  to  tithes   on   the .  footing  of  right. 

'  Tithes,'   he   said,   '  are   not   ours,  but   appointed  for  the 

Church '  {ecclesice  depiitatce). 

There  is  no  mention  of  tithes  in  any  part  of  the  ancient 

canon  law  of  the  Roman  Church,  collected  towards  the  end 

of  the  fifth  century  by  Dionysius  Exiguus.^     Two  Galilean 

Councils   of  the    sixth  century — the   second   Council    of 

Tours ^   (a.d.   567),  and  the  second  Council  of  Macon* 

(a.d.  585) — are  the  earliest  synodical  authorities  commonly 

cited  for  the  requirement  of  tithes    as   payable   of  right 

to  the  Church.      But    the   genuineness   of  the   supposed 

Acts  of  that   second   Council   of  Macon   is  too  doubtful 

to  make  it,  for  this  purpose,  a  satisfactory  authority.     If 

genuine,  they  would  seem  to  prove  that  the  Mosaic  law, 

as  to  the  payment  of  tithes,  was  then  regarded  not  only  as 

binding  from  the  first  upon  Christians,  but  as  having  been 

for  centuries   universally  observed.      For  the  fifth  of  the 

canons  attributed  to  that  Council  (after  a  preamble  as  to 

the  necessity  of  restoring  to  their  former  state  all  matters 

concerning  the  Catholic  faith  which  had  fallen  into  decay), 

runs  thus : — 

976-977.  Cited  also  by  Gratian  {Decret.^  pars  ii.,  causa  xvi.,  quaest.  I, 
cap.  63). 

1  Homil.  9,  21  (see  Thomassinus,  De  Beneficiis,  cap.  6,  p.  29, 
Mentz  1787).  2  ^fifg^  ^   g 

'  Mansi,  vol.  ix.  p.  807.  *  Ibid.,  p.  951. 


48  ANCIENT  FACTS  AND  FICTIONS  part  i 

*The  laws,  therefore,  of  God,  providing'for  the  priests  and 
ministers  of  churches,  commanded  all  the  people  to  render  the 
tithes  of  their  fruits  to  the  holy  places,  as  the  lot  of  their  (the 
priests')  inheritance  ;  so  that,  without  hindrance  from  any  kind 
of  labour,  they  might  have  leisure  for  their  spiritual  duties. 
Which  laws  the  whole  body  of  Christians  for  a  long  space  of 
time  observed  inviolate  :  but  now,  by  degrees,  nearly  all  Chris- 
tians are  seen  to  be  gainsayers  {prcsvaricatores)  of  the  laws, 
while  they  refuse  to  fulfil  those  things  which  are  divinely  com- 
manded. Wherefore,  we  ordain  and  decree,  that  the  ancient 
custom  be  restored  by  the  faithful ;  and  that  all  the  people 
bring  their  tithes  to  those  who  serve  in  the  sacred  offices  ; 
which  being  applied  by  the  priests  either  for  the  use  of  the 
poor,  or  for  the  redemption  of  captives,  they  may  obtain  for  the 
people,  through  their  prayers,  peace  and  salvation.' 

A  witness  who  proves  too  much  is  generally  discredited ; 
and  this  canon  seems  to  prove  too  much  for  that  time,  and 
may  therefore  reasonably  be  suspected  of  spuriousness.^ 

As  to  the  second  Council  of  Tours,  there  is  no  mention 
of  tithes  in  its  canons  or  recorded  Acts.  But  there  is 
extant  a  pastoral  letter  ^  from  four  bishops,  who  were 
present  at  that  Council,  to  the  people  {plebem)  of  their 
province,  written  after  the  synod,  in  a  time  of  pestilence. 
That  pastoral  epistle  cannot  properly  be  said  to  place  the 
payment  of  tithes  on  the  footing  of  canonical  obliga- 
tion. It  is  an  urgent  exhortation  to  the  people  to  *  follow 
the  example  of  Abraham,  by  paying  tithes  of  all  their  means, 
in  order  to  save  and  to  obtain  God's  blessing  upon  the  rest, 
if  they  wish  to  be  received  into  Abraham's  bosom,  and  to 
reign  with  Christ ' ;  and,  beyond  this,  on  account  of  the 
then  threatened  mortality,  to  give  the  Church  the  tenth  of 
their  slaves  ;  or,  if  they  have  none,  but  have  children,  to  pay 
something  for  each  child  towards  the  redemption  of  captives. 

1  See  Selden,  Hist,  of  Tithes,  ch.  5,  §§  5,  6  (ed.  1618),  pp.  57,  58,  65. 
*  Mansi,  vol.  ix.  p.  809. 


CHAP.  II     CONTINENTAL  LA  WS  AS  TO  TITHES  49 

An  early  Spanish  Council  (that  of  Seville,  a.d.  590)  has 
also  been  quoted  by  some  .writers,^  not  only  as  enjoining 
the  payment  of  tithes,  but  as  enumerating  titheable  matters 
in  considerable  detail.  But  the  genuine  Acts  of  that 
council  2  contain  nothing  about  tithes.  Such  a  canon  was, 
indeed,  attributed  to  it  by  Ivo,  who  (like  other  canonists  of 
his  class)  has  much  apocryphal  matter  under  false  descrip- 
tions. That  '  fragment '  (as  Mansi  calls  it  ^)  is  in  part  taken 
from  a  capitular  made  at  Aix-la-Chapelle  by  the  Emperor 
Louis  the  Pious,*  in  a.d.  816. 

That  the  payment  of  tithes,  not  long  after  the  date  of  the 
second  Council  of  Tours,  acquired  in  the  Western  Church 
(if  it  did  not  previously  possess)  the  character  of  a  recognised 
ecclesiastical  duty,  is  certain.  But  I  have  met  with  no  canon 
enforcing  it  under  ecclesiastical  penalties  earlier  than  that 
of  the  Council  of  Rouen  (a.d.  630),  quoted  in  the  second 
part  of  Gratian's  Decretum ;^  which,  after  saying  that  'all 
the  tithes  of  the  earth,  whether  of  corn  or  of  the  fruits  of  trees, 
belong  to  the  Lord,'  took  notice,  that  'many  were  found 
unwilling  to  give  tithes;'  and  ordered  that  all  such  persons 
should  be  three  times  admonished,  and,  if  those  admonitions 
should  fail,  placed  under  anathema,  until  they  might  make 
satisfaction  and  suitable  amends.  There  was  no  mention 
of  tithes  in  any  ancient  code  ^  of  canon  law  before  Charle- 
magne's time,  nor  in  the  collection  of  canons  given  to  that 
emperor  by  Pope  Adrian  I.'^ 

1  Prideaux,  Original  atid  Right  of  Tithes  {ed.  1736),  p.  92. 

*  Mansi,  Concil.,  vol.  x.  p.  450 ;  and  see  Selden,  Hist,  of  Tithes  (ed. 

1618),  p.  61.  3   Jl,j^^^  p,  453^  4   p^^f^  p^  2,^. 

^  Causa  xvi.,  qusest.  7,  cap.  5. 

^  Not  in  the  Code  of  Dionysius  Exiguus  {ante,  p.  9),  nor  in  that  pub- 
lished by  Pithou  {Codex  Canonum  Vetus  Ecdesia  Romance,  Paris  1687). 
^  The  *  Compendiosa  traditio '  (of  Oriental    and  African   Canons) 
E 


50  ANCIENT  FACTS  AND  FICTIONS  part 


§  2.  Legislation  of  Charlemagne  and  his  Successors. 

Civil  legislation  on  this  subject,  upon  the  Continent, 
began  with  the  celebrated  ordinance  of  the  eleventh  year 
of  Charlemagne's  reign  as  King  of  the  Franks,  made  in 
a  general  assembly  of  his  Estates,  spiritual  and  temporal, 
A.D.  778-779  :^ 

'  Concerning  tithes,  it  is  ordained  that  every  man  give  his 
tithe,  and  that  they  be  dispensed  according  to  the  bishop's 
commandment.' 

This  was  followed  (a.d.  789)  by  another  capitular,  for 
Saxony,^  appointing  tithes  to  be  paid  out  of  all  public 
property  {de  omni  re  quce  ad  fiscum  pertinet),  enjoining  all 
men  'whether  noble,  or  gentle,  or  of  lower  degree  {tarn 
nobiles  et  ingenui^  similiter  et  liti)  to  give  according  to 
God's  commandment,  to  the  churches  and  priests,  of  their 
substance  and  labour :  as  God  hath  given  to  each  Christian, 
so   ought   he    to   repay   a  part  to   God.'     A  capitular  of 

given  by  Pope  Adrian  I.  to  Charlemagne,  a.d.  773  (Mansi,  vol,  xii, 
p.  861).  Sirmondi  says  that  the  Pope  not  only  gave  Charles  this 
*  Epitome,' but  also  the  text  of  the  same  canons  in  full,  with  a  collection 
of  Papal  decretals,  from  Siricius  (a.d.  318)  to  Gregory  II.  (a.d.  715)  ; 
which  was  first  published  at  Mentz  (under  the  same  title  as  by  Pithou), 
in  A.d.  1528,  with  a  letter  from  the  Pope,  in  Latin  acrostic  verses,  to  the 
king  (see  Mansi,  tibi  supra^  note  at  p.  882).  This  is  confirmed  by  the 
contents  of  Charlemagne's  own  ecclesiastical  constitutions,  eighty  in 
number,  of  a.d.  789  (Baluze,  Capii.,  vol,  i.  p.  209).  Of  these,  the 
forty-nine  first  are  from  the  Oriental  and  African  Canons,  the  nine  next 
from  decretals  of  Popes  Siricius,  Innocent  I,,  Celestine  I,,  Leo  I,,  and 
Gelasius  ;  and  the  rest  either  from  the  Holy  Scriptures,  or  from  royal 
capitulars.     There  is  no  mention  of  tithes  in  any  of  them. 

*  Baluze,  vol.  i,  pp,  196,  197.     Selden,  Hist.  0/  Tithes,  ch.  6,  §  7. 

*  Baluze,  vol.  i.  p.  253. 


CHAP.  II     CONTINENTAL  LAWS  AS  TO  TITHES  51 

A.D.  800/  applicable  to  the  whole  Frank  kingdom,  directed 
the  payment  of  tithes  to  churches  within  the  'fiscal '  domains. 
For  Lombardy,  the  Roman  quadripartite  division,  of 
tithes  expressly,  was  established  by  a  capitular ^  made  in  the 
first  year  of  Charlemagne's  empire,  a.d.  801 ;  and  in  the 
Bavarian  edition  of  the  capitulars  of  Thionville,  a.d.  808, 
there  is  an  article  directing  the  same  quadripartite  division, 
*  according  to  the  decree  of  Pope  Gelasius.'^  This,  however, 
is  of  doubtful  authority  \  it  was  not  found  in  six  better  texts 
of  those  capitulars,  collated  by  Baluze.  In  the  Salz  capitular* 
of  the  same  emperor,  a.d.  804,  and  in  that  of  a.d.  813,^ 
confirming  various  constitutions  of  the  synods  held  in  the 
same  year,  there  are  articles  on  the  subject  of  the  churches 
to  which  tithes  ought  to  be  paid;  to  which  I  shall  refer 
particularly,  in  another  part  of  this  chapter. 

§  3.    Witnesses  and  Compulsion. 

The  earliest  law  as  to  witnesses,  in  connection  with  the 
receipt  or  distribution  of  ecclesiastical  revenues,  is  the 
capitular  of  a.d.  813,^  confirming  a  canon  of  the  third  Council 
of  Tours.  This,  as  has  been  seen  in  the  preceding  chapter, 
related,  not  to  tithes  particularly,  but  to  the  treasure  of  the 
Church  generally.  But  in  another  canon  ^  of  the  same 
Council  of  Tours,  there  was  a  direction  that  tithes  were  to 
be  dispensed  by  the  priests,  under  the  bishop's  direction, 
for  the  use  of  the  Church  and  poor ;  and  to  this  distribution 

1  Baluze,  vol.  i.  p.  331  (art.  6.) :  '  Volumus,  utjudices  decimam  ex 
omni  conlaboratu  pleniter  donent  ad  ecclesias  qua  sunt  in  nostris  fiscis.'' 

2  Ibid.,  vol.  i.  p.  3S6.  *  Ibid.,  p.  428. 
4  Ibid.,  p.  415.  ^  Ibid.,  p.  503. 
^  Ibid.,  p.  503  (art;  16).     Ante,  p.  41. 

^  Mansi,  vol.  xiv.  p.  85  (art.  16). 


52  ANCIENT  FACTS  AND  FICTIONS  part  i 

the  canon  as  to  witnesses  would  be  applicable.  The  sixth 
Council  of  Paris  ^  (a.d.  829),  referring  to  a  quadripartite 
division  of  the  general  church  revenue,  said  that,  however 
clearly  a  bishop  might  think  himself  able  to  prove  his 
dispensation  of  the  portion  allotted,  to  the  poor  to  be  in 
accordance  with  the  principles  of  the  Divine  law,  yet, 
agreeably  to  the  Scripture,  that  '  they  may  see  your  good 
works,  and  glorify  your  Father  which  is  in  Heavenj'  this 
ought  to  be  established  by  testimony  {prcesentt  testijicatione), 

*  and  published  by  the  voice  of  good  fame '  (boncB  famce 
prcBconiis  non  taceri).  Archbishop  Hincmar,^  thirty  years 
later,  required  the  presence  of  witnesses  for  the  division 
into  four  portions;   as  in  the  Capitulare  Episcoporum^  or 

*  Sacerdotal  Laws,'  spoken  of  in  the  last  chapter,  it  was 
required  for  a  tripartite  division  : 

*  Of  the  tithes,'  he  said,  *  let  four  portions  be  made, 
according  to  the  canonical  rule;  and  let  them,  under  the 
testimony  of  two  or  three  faithful  men  {sub  testimonio 
duorum  aut  trium  fideliuni)^  be  studiously  and  carefully 
divided.' 

The  witnesses  required  by  the  canon  of  the  third 
Council  of  Tours  were  '  priests  and  deacons ; '  but  the 
language  of  the  confirmatory  ordinance  of  Charlemagne 
(a.d.  813)  was  general  {cum  testibus).  Archbishop  Hinc- 
mar,  when  speaking  of  '  two  or  three  faithful  men,'  may  be 
presumed  to  have  had  in  view  the  civil  legislation  as  to 
witnesses  (in  connection  with  the  receipt  and  payment 
rather  than  the  distribution  of  tithes)  which  had  taken  place 
in  A.D.  830,  and  which  Selden^  believed  to  be  the  earliest 

1  Mansi,  vol.  xiv.  p.  550  (lib.  i.,  cap.  15,  of  the  Council's  Acts). 
^  Ibid.^  vol.  XV.  p.  480  {Capit.  ad Presbyteros^  etc.,  part  ii.,  art.  16). 
8  Hist,  of  Tithes,  ch.  8,  §  i. 


CHAP.  II      CONTINENTAL  LA  WS  AS  TO  TITHES  53 

'  canonical  authority '  on  that  subject.  Of  this  I  shall  now 
speak,  in  connection  with  the  compulsory  laws,  of  which  it 
forms  part. 

In  A.D.  829  (the  year  in  which  the  sixth  Council  of  Paris 
was  held),  the  Emperor  Louis  the  Pious,  by  his  capitular 
at  Worms,^  gave  a  civil  remedy,  by  distraint,  for  the  recovery 
of  tithes  from  persons  who  were  unwilling  to  pay  them  ex- 
cept on  some  terms  of  redemption  {de  decimis  quas  populus 
dare  non  vult^  nisi  quolihet  modo  ab  eo  redimantur).  This 
enactment  was  at  the  same  time  extended  to  Lombardy 
by  Lothair,^  whom  his  father  had  associated  in  the  em- 
pire, and  to  whom  he  had  assigned  the  government  of 
the  Lombard  kingdom ;  and  it  fixes,  by  internal  evidence, 
the  date  of  that  which  follows  (about  which  there  has  been 
some  controversy)  j^  which  was  also  a  law,  both  of  Louis 
the  Pious,  and  of  Lothair  for  Lombardy.  That  law 
begins :  *  As  to  tithes,  the  ministers  of  the  Commonwealth 
are  to  compel  them  to  be  given,  even  by  those  who  are  not 
willing  to  give  them,  as  was  declared  last  year^  (de  decimis^ 

^  Baluze,  Capit.^  vol.  i.  p.  664  (art.  7). 

2  Ibid.,  vol.  ii.  p.  340  {Excerpta  ex  lege  Longobardorum,  art.  39). 

^  ^  De  decimis  ut  dentiir  et  dare  nolentibus^  etc.  {ibid.^  p.  333). 
Auerbach,  in  his  PrcecipucB  Constitutioties  Caroli  Magni  (A.D.  1545,  p. 
3,  cap.  7),  printed  this  among  his  selected  laws  of  Charlemagne,  but 
noted  in  the  margin  that  it  was  ascribed  (in  the  Lombard  Laws,  Ub. 
iii.,  tit.  ^ De  decimis')  to  the  Emperor  Lothair.  Martene  (vol.  vii. 
pp.  5-10),  on  the  authority  of  a  Chigi  MS.  (published  by  Mabillon), 
ascribed  to  Charlemagne,  and  to  a  time  earlier  than  his  accession  to 
the  empire,  all  the  laws  contained  in  that  MS. ;  which  is  a  miscel- 
laneous collection,  supposed  to  be  of  the  ninth  century,  of  laws,  in- 
cluding some  on  their  face  Imperial.  Muratori  {Rerum  Italicarum 
Scriptores,  tom.  ii.  p.  133  ;  Ludovici  Augusti  Leges,  cap.  34)  determined 
the  law  in  question  to  belong  to  the  reign  of  Louis  the  Pious,  on  the 
authority  of  an  Este  MS.  ;  and  with  him  agrees  Mansi  (vol.  xiii.  p. 
1073)- 


54  ANCIENT  FACTS  AND  FICTIONS  pakt  i 

ut  dentur  ei  dare  nolenttbus,  quod  anno  prcRterito  denuntiatum 
est^  a  ministris  Reipublicce  exigantur).     It  was  made,  there- 
fore, in  the  year  after  a.d.  829 ;  that  is,  in  a.d.  830. 
After  that  sentence,  it  proceeds  thus  :— 

'  And  let  either  four  or  nine  men,  of  good  reputation,  or  as 
many  as  shall  be  needful,  be  chosen  out  of  each  body  of  laity 
of  the  Public  Churches  {de  singulis  plebibus\  according  to  the 
quality  of  each  such  Body,  to  be  witnesses  between  the  priest 
and  the  people  {ut  ipsi  inter  sacerdotem  et  plebem  testes  ex- 
istaftt)^  where  the  tithes  have,  or  have  not,  been  given — our 
object  being  to  avoid  the  necessity  for  oaths  in  such  cases. 
We  do  not,  however,  mean  that  all  the  persons  so  chosen  as 
witnesses  need  always  be  present  when  tithes  are  given  ; — we 
have  fixed  so  large  a  number,  to  diminish  the  burden  upon 
each.     The  actual  presence  of  two  will  be  enough.' 

That  law  went  on  to  provide  means  for  compelling  pay- 
ment;— first,  by  priestly  admonition;  then,  by  exclusion 
from  the  Church ;  then,  by  the  intervention  of  the  civil 
power,  and  the  infliction  of  fines ;  then,  by  a  sort  of  inter- 
dict against  defaulters'  houses ;  and  last,  if  the  use  of  all 
those  means  failed  to  produce  the  desired  effect,  by  taking 
the  defaulters  into  custody,  and  bringing  them  before  the 
Imperial  or  Royal  Courts.^ 

§  4.  Ancient  Baptismal  Churches^  and  their  Rights. 
Although  the  early  canon  law  attributed  to  the  bishops 

^  Milman  {^Hist.  of  Latin  Christianity,  vol.  iii.  p.  87)  cites  this  as 
a  Lombard  law  of  a.d.  803,  and  also  of  Lothair  (a.d.  825),  and  of 
Louis  IL  (A.D.  875).  As  to  Louis  IL,  Milman  followed  Baluze  (vol.  ii.  p. 
339)>  but  for  the  other  dates  he  had  not  that,  or  (as  far  as  I  know)  any 
other  authority.  Muratori  {tibi  supra)  observed  that  it  was  easy  to  con^ 
found  Louis  L  with  Louis  IL,  and  preferred  the  authority  of  the  Este 
MS.  It  is  remarkable  that  neither  Baluze,  nor  Martene,  nor  Mura- 
tori, nor  Mansi,  said  anything  of  the  internal  evidence,  by  which  that 
question  seems  to  be  decided. 


CHAP.  II      CONTINENTAL  LAWS  AS  TO  TITHES  55 

a  very  wide  discretion  as  to  the  disposal  and  employment 
of  diocesan  revenues,  it  was  not  possible  that  such  a  power 
should  be  exercised  without  some  local  organisation,  or 
without  the  aid  of  subordinate  officers  and  ministers.  As 
early  as  a.d.  451,  the  Council  of  Chalcedon,^  by  a  canon 
which  passed  into  all  the  Roman  codes,  ordered  that  in 
the  diocese  of  every  bishop  there  should  be  a  treasurer 
(oeconomus)  chosen  out  of  the  diocesan  clergy,  to  dispense 
the  Church  funds  according  to  the  bishop's  direction;  so 
that  there  might  be  evidence  of  the  manner  in  which  that 
dispensation  was  made  {ut  ecclestce  dispensatio  prceter  testi- 
monium non  sit),  and  any  waste  of  the  revenues  of  the 
Church,  and  consequent  scandal,  might  be  prevented.  The 
second  Council  of  Seville^  (a.d.  619),  by  a  canon  also 
adopted  into  the  modern  (though  it  does  not  appear  to  have 
found  a  place  in  the  ancient)  Roman  canon  law,  required  the 
strict  observance  of  this  rule ;  and  forbade  the  substitution 
of  lay  for  clerical  treasurers,  which  had  been  introduced 
by  some  Spanish  bishops. 

Although  there  were  not,  in  those  times,  parishes  in  the 
modern  sense,  the  principal^  and  more  ancient*  churches 
became  local  centres  of  administration ;  and  these,  at  an 
early  date,  obtained  recognised  rights  and  privileges,  within 
districts^  over  which  they  exercised  some  sort  of  authority. 

^  Mansi,  vol.  vi.  p.  1228  (Canon  26);  Gratian,  Decret.,  pars  ii., 
causa  xvi,,  qusest.  7,  cap.  21. 

2  Gratian,  Decret.  {ibid.),  cap.  22. 

3  *■  Majores^  {sqq post,  capitular  of  Louis  II.,  A.D.  855). 

*  * Antiquitus  constitutes''  {post,  capitular  of  Charlemagne,  A.D.  813). 

^  Although  the  word  ^ parochia '  may  sometimes  have  been  applied 
to  these  districts  (as,  e.g.,  by  the  Portuguese  Councils  of  Braga  and 
Merida,  a.d.  567  and  666,  ante,  p.  34),  they  were  more  generally  called 
*  dioec'eses. '  They  were  certainly  not  parishes  of  the  modern  kind  ;  and 
to  call  them  by  that  name  (as  seems  to  be  done  by  Dean  Milman,  Latin 


$6  ANCIENT  FACTS  AND  FICTIONS  parti 

They  were  called  *  Mother  Churches '  {matrices)}  because 
private  oratories  and  chapels  within  their  circles  were  de- 
pendent upon  them ;  those  who  worshipped  in  such  oratories 
and  chapels  were  bound,  according  to  the  canons  of  several 
Councils,  to  resort  to  the  mother  church  three  times  a  year ; 
which  rule  did  not  become  obsolete  until  the  eleventh 
century.2  They  were  called  '  People's  Churches '  {plebes)^ 
on  account  of  the  public  character  by  which  they  were 
distinguished  from  those  built  on  private  men's  estates. 
An  imperial  capitular  of  a.d.  806  prohibited  the  solemn 
celebration  of  festivals  elsewhere  than  in  public  town- 
ships {vicis  piibltcis)\^  that  is,  places  within  the  royal  or 
public  domain,  not  granted  to  be  held  as  beneficia^  or 
fiefs,  by  private  persons.  Many  of  those  churches  were 
called  monasteriaf  or,  in  Saxon,  minsters^  because  they  were 
usually  of  a  collegiate  character,  with  a  more  or  less  numer- 

Christianity^  vol.  iii.  p.  87,  note)  might  lead  to  misconception.  The 
distinction  is  well  marked  in  Gratian's  Z>^fr^^z^w  (pars  ii.,  causa  xiii., 
qusest.  i),  where,  in  a  controversy  as  to  tithes  between  two  churches, 
this  position  is  stated  as  clear  :  '  Constat^  unamquamque  Baptismalem 
Ecclesiam  habere  dioecesim  sibi  legitime  assignatam  :  sicut  et  parochiales 
ecclesia  habent  parochias  sibi  distributas. '  The  words  ^ parochia '  (of 
which  the  leading  sense  is  neighbourhood),  and  *  dioecesis '  (of  which  the 
leading  sense  is  administration),  were  flexible  j  both  originally  signify- 
ing the  bishop's  diocese. 

1  See  Ducange,  in  voc.  '  Matrica,'  'Matrix  Ecclesia.'  Archbishop 
Hincmar's  Articles  ot  Inquiry,  a.d.  858  (Mansi,  vol.  xv.  p.  480)  were 
to  be  executed  ^ per  singtdas  matrices  ecclesias,  et  per  capellas '  of  his 
province. 

2  See  Baluze's  note,  Capit.,  vol.  i.  p.  1063. 

'  Ducange,  in  voc.  *  Plebes ' ;  capitular  of  Charles  the  Bald,  A.  d.  876 
'  Eccksias  baptismales,  quas  plebes  appellant '  (Baluze,  vol.  ii.  p.  242) ; 
Leo  IV.,  in  Decretum^  pars  ii.,  causa  xiii.,  quaest.  I,  §  I  ;  and  Walafrid 
Strabo. 

*  Baluze,  vol.  i.  p.  457 ;  and  see  Ducange,  in  voc.  '  Vicus  Publicus.' 

'  See  Ducange,  in  voc.  '  Monasterium.' 


CHAP.  II      CONTINENTAL  LA  WS  AS  TO  TITHES  57 


ous  body  of  clergy,  either  secular  canons  or  monks,  living 
together  within  their  precincts. 

These  phrases  were  rather  popular  than  technical. 
'  Baptismal '  churches  {bapiismales)  ^  was  their  most  proper 
designation ;  which  meant  churches  having  public  baptist- 
eries, in  which,  at  the  great  feasts  of  Easter  and  Pentecost 
(sometimes  Epiphany  ^  also),  the  sacrament  of  baptism  was 
solemnly  and  publicly  administered  for  the  people  of  their 
several  districts.  Sometimes  they  were  themselves  called 
baptisteries  {baptisterid)^  and  the  titles  to  them  were  called 
baptismal  (tituH  baptismaks).  It  was  decreed  by  the  Synod 
of  Verneuil,^  held  under  Pepin,  the  father  of  Charlemagne, 
in  A.D.  755,  that  *  no  public  baptistery  should  be  established 
except  by  the  bishop's  command,  or  in  any  places,  except 
such  as  he  should  appoint ;  but  this  was  not  to  prevent 
any  priest  from  administering  the  sacrament  of  baptism 
elsewhere  in  cases  of  emergency.'  It  was  at  the  Epiphany 
celebration  of  baptism,  in  the  chief  baptismal  church  of 
the  diocese  of  Liege,  that  Charlemagne  took  the  part  men- 
tioned in  his  first  letter  to  Bishop  Ghaerbald  ;^  and  it  was 
doubtless  to  such  solemn  celebrations  of  that  sacrament  at 
the  appointed  times  that  the  Capitulare  Episcoporum  ^ 
referred,  in  the  article  numbered  ten  in  both  the  Andain 
and  the  Metz  manuscripts:   'That  the  law  and  time  of 

^  See,  on  this  whole  subject,  the  note  of  Baluze,  Capit.,  vol.  i. 
p.  1063.  As  to  the  great  public  baptisms  at  Easter  and  Pentecost, 
and  also  Epiphany,  see  note  of  Martene  and  Durand  in  Amplissi7na 
Collection  vol.  vii.  p.  20. 

2  Walafrid  Strabo  [de  ealesiasHcarum  rerwn  exordiis  et  hurementis)^ 
cap.  26.     (Migne's  Patrologice  Ctirsus,  vol.  cxiv.  p.  959.) 

3  Baluze's  note,  tibi  supra. 

*  Baluze,  Capit.,  vol.  i.  pp.  167,  171. 

^  Martene  and  Durand  {Ampliss.  Collect.),  vol.  vii.  p.  20  ;  atite,  p.  43. 

*  Ante,  p.  37,  and  Appendix  A. 


58  ANCIENT  FACTS  AND  FICTIONS  part  i 

baptism,  at  the  proper  seasons,  according  to  the  canonical 
institution,  be  most  carefully  observed  by  all  priests ' ;  (with 
a  qualification,  as  to  time,  in  the  next  article,  like  that  as  to 
place  in  the  canon  of  Verneuil,  viz.  *  That  all  priests  should 
with  the  greatest  diligence  administer  baptism,  at  whatever 
hours,  to  those  who  by  reason  of  ill-health  might  stand  in 
need  of  it '). 

It  was  in  all  the  '  baptismal  churches '  ^  of  the  diocese  of 
Liege  that  Charlemagne  commanded  notice  to  be  given 
by  Bishop  Ghaerbald  of  the  special  fast  which  he  had 
appointed.  The  rights  and  privileges  of  'baptismal 
churches'  (by  that  name)  are  among  the  subjects  of 
examination  by  Gratian^  in  the  second  part  of  his 
Decretimi. 

Of  such  churches  there  was  at  first  only  one  (the  cathe- 
dral) ^  in  each  diocese ;  but  when  dioceses  became  large  the 
number  was  increased.  The  most  important  of  them  were 
conventual,  served  by  many  priests  and  clerks ;  and  it  was 
canonically  necessary*  that  they  should  be  served  by  at 
least  one  priest,  with  the  assistance  of  one  or  more  deacons 
and  inferior  clerks. 

Walafrid  Strabo  ^  (writing  in  the  early  part  of  the  ninth 
century)  speaks   of  the   priests  of  baptismal  churches  as 

*  Martene  and  Durand  {AmpHss.  Colled.),  vol.  vii.  pp.  21-23  :  ^ Per 
singulas  ecclesias  baptis males. ^    Ante,  p.  43. 

2  Becret.,  pars  ii.,  causa  xiii.,  xvi.,  and  xxv. 

^  Baluze's  note,  vol.  i.  p.  1064,  quoting  and  approving  the  statement 
of  Joseph  Visconti  {Josephi  Vicecomitis). 

*  Baluze's  note,  ubi  supra,  p.  1065  :  *  Cum  in  reliquis  sufficeret 
unus  Presbyter,  in  istis  necessarius  erat  unus  diaconus  cum  PresbyteroJ' 
And  see  Baluze,  Capit.,  vol.  ii.,  App.  p.  1575  :  *  Capitula  data  Presby- 
teris,^  cap.  8;  and  Bishop  Riculfs  Constitutions  for  Soissons  (a.d. 
889),  art.  II  (Mansi,  vol.  xviii.  p.  85). 

*  Ubi  supra,  cap.  31  (Migne's  Patrol,,  vol.  cxiv.  p.  964). 


CHAP.  II     CONTINENTAL  LA  VVS  AS  TO  TITHES  59 

having  authority  over  priests  of  lower  degree  {presbyteri 
plebium,  qui  baptismales  ecdesias  tenent^  et  minoribus  presby- 
teris  prcesunt)^  and  as  qualified,  for  that  reason,  to  be  '  vicars,' 
or  '  centenarions '  {centenartones\  of  the  bishop ;  an  office, 
for  the  oversight  of  country  churches,  superior  to  that  of 
rural  dean  {decuriones,  vel  decant). 

When  these  greater  and  more  ancient  churches,  or 
minsters,  first  acquired  the  right  to  receive  and  administer 
tithes,  or  other  diocesan  revenues  accruing  within  their 
districts,  does  not  clearly  appear.  A  canon  of  the  Council 
of  Chalcedon^  (a.d.  451),  establishing,  as  between  diocese 
and  diocese,  in  cases  of  disputed  titles,  a  rule  of  thirty 
years'  prescription,  was  afterwards  by  analogy  extended  to 
them.  Selden  ^  quotes  from  Cassian  the  hermit  (who  died 
about  A.D.  430)  a  passage,  showing  that  'in  Egypt  some 
holy  abbots  had  tithes  of  all  fruits  offered  them,'  accepting 
the  dispensation  of  them  as  '  treasurers  for  the  poor.'  In 
the  eighth  and  ninth  centuries  (according  to  Lupus,  Abbot 
of  Ferrieres,  as  quoted  by  Van  Espen),^  bishops  and  laymen 
preferred  paying  their  tithes  to  canons,  rather  than  rural 
priests  {presbyteris  pagenstbus),  on  account  of  the  greater 

^  Mansi,  vol.  vi.  p.  1228  (Canon  16).  See  Gratian's  Decreium, 
pars  ii.,  causa  xiii.,  quoest.  2,  cap.  i. 

2  ffist,  of  Tithes,  ch.  5,  §  i,  ed.  1618,  p.  47  ;  and  *  Review,'  ibid., 
p.  465. 

^ /us  Univ.  Canon.,  part  ii.,  sect.  4,  tit.  i.,  cap.  3,  §  18.  ' Eoruni 
sanctitati  credittim  fuit  totum  decimarum  onus ;  et  honesta  Presbyteri 
alimentatio,  et  ecclesiastiae  fabriccs  reparatio,  et  cura  paupenim  et  pere- 
grinoriim.'  Lupus  was  a  pupil  of  Rabanus  Maurus.  He  became 
Abbot  of  Ferrieres  (where  Alcuin  was  one  of  his  predecessors)  a.d.  842. 
He  took  a  leading  part  in  the  Councils  of  Verneuil,  a.d.  844,  and  of 
Soissons,  A.D.  855,  and  he  was  a  correspondent  of  the  Anglo-Saxon 
King  Ethelwulf,  and  of  Wigmund  (archbishop),  and  Altsig  (abbot),  of 
York.  (See  Haddan  and  Stubbs,  Councils,  etc.,  vol.  iii.  pp.  634,635, 
648,  649). 


6o  ANCIENT  FACTS  AND  FICTIONS  part  i 

reputation  of  the  former  for  sanctity,  and  the  greater  confi- 
dence felt  in  the  integrity  of  their  administration.  It  was 
probably  through  causes  such  as  these,  that  baptismal 
churches  acquired  such  rights  as  they  claimed  to  tithes. 
Another  authority  of  the  ninth  century,  Amulo,  Archbishop 
of  Lyons,  in  a  letter  to  Theobald,  Bishop  of  Langres  (quoted 
by  Baluze),-^  mentions  those  rights,  among  other  instances 
of  *  the  dignity  and  authority  of  baptismal  churches.' 

'  Let  the  lay-people  {unaquceque  plebs)  everywhere  abide 
quietly  in  their  own  dioceses  and  churches  {parochiis  et  eccle- 
siis,  quibus  attributa  est),  and  let  them  offer  willingly  their 
vows  and  oblations  at  those  Sanctuaries  where  they  receive 
holy  Baptism,  where  they  partake  of  the  Lord's  Body  and 
Blood,  where  they  may  hear  solemn  Masses,  and  obtain  from 
their  priest  penance  for  sin,  visitation  in  sickness,  and  burial 
in  death  ;  where,  also,  they  are  commanded  to  offer  their  tithes 
and  first-fruits,  where  they  rejoice  in  the  initiation  of  their 
children  into  the  grace  of  baptism,  where  they  continually 
hear  God's  Word,  and  are  instructed  in  what  they  ought  and 
what  they  ought  not  to  do.'  2 

A  decretal  epistle  of  Pope  Leo  IV.  in  the  same  century, 
(quoted  by  Gratian),^  laid  it  down  as  a  rule  approved,  not 
by  that  pontiff  only,  but  by  his  predecessors,  that  tithes 
ought  to  be  paid  *  only  to  those  public  churches  where  the 
holy  baptisms  are  administered  '  {plebibtis  taiitum^  ubi  sacro- 

^  Note  on  Baptismal  Churches,  Capit.,  vol.  i.  p.  1065.  Amulo  was 
Archbishop  of  Lyons  from  a.d.  841  to  a.d.  853. 

^  That  these  were  the  greater,  and  not  the  seignorial  churches,  is 
evident  from  the  capitular  of  Louis  II.  (a.d.  855) :  *  Quidam  vero  laiciy 
et  maximi  potentes  ac  nobiles,  quos  studio sius  ad  pradicatiotiem  venire 
oportebat^  juxta  domos  suas  basilicas  habenty  in  quibus  divinum  audientes 
qfficium,  ad  maJo?'es ecclesias  rarius  venii'e consueverunt^  {ixx\..  3,  Baluze, 
vol.  ii.  p.  352). 

'  Decretum,  pars  ii.,  causa  xiii.,  qucest.  i,  §  i.  Leo  IV.  was  Pope 
from  A.D.  847  to  A.D.  855. 


CHAP.  II     CONTINENTAL  LAWS  AS  TO  TITHES  6i 

sanda  haptismata  dantur).  And  as  to  sepulture,  a  canon 
of  the  Council  of  Tribur^  (a.d.  895),  also  cited  in  the 
Decretum^^  ordered  that  it  should  take  place,  whenever 
possible,  in  the  burial-ground  of  the  principal  church  of  the 
diocese  {apud  majorem  ecclesiam^  ubi  sedes  est  Episcopt)  \  or, 
if  that  were  not  possible,  in  the  burial-ground  of  the  church 
of  some  religious  house  of  canons,  monks,  or  nuns,  living 
together  conventually.  If  this,  too,  could  not  be  done, 
then  a  man  was  to  be  buried  where  he  had  paid  his  tithes 
while  living. 

Every  'baptismal'  church  had  its  district  (sometimes 
called  'diocese')^  assigned,  or  presumed  from  usage  to  have 
been  assigned,  by  competent  authority ;  and  in  each  such 
district  there  could  be  only  one  such  church,  with  its  de- 
pendent chapels.*  The  older  organisation  of  these  '  sub- 
dioceses  '  (if  I  may  so  call  them)  may  have  been  in  some 
respects  the  model  on  which  the  modern  parochial  system 
grew  up. 

Charlemagne,  by  his  capitular  de  villis^  (a.d.  800), 
while  reserving  generally  the  tithes  of  royal  or  public  lands 
to  the  public  churches  on  the  royal  domain  {in  nostris  fiscis), 
made  an  exception  in  favour  of  churches  elsewhere,  having 
ancient  titles  to  them  {ad  alterius  ecdesiam  nostra  dedma 
data  non  fiat^  nisi  ubi  antiquitus  institutum  fuit).     And  by 

1  Mansi,  vol.  xviii.  p.  139. 

2  Pars  ii.,  causa  xiii.,  qusest.  2,  cap.  6. 

^  Ibid.y  causa  xvi.,  qusest.  i  ;  and  causa  xxv. 

^  '  Flures  baptisniales  ecclesice  in  und  termitiatione  esse  non  possunt ; 
sed  U7ia  ta^ttummodo,  cum  suis  capellis  ;  et  si  contentio  fiierit  de  termina- 
tione  dtiarum  matricum,  plebes  utrarumque  discernant,  ef,  si  non  con- 
venerint^  lis  Dei  judicio  discerfiatur''  (Grat.,  Decret.^  pars  ii.,  causa 
xvi.,  qusest.  i,  cap.  54,  where  that  canon  is  ascribed  erroneously  to  a 
Council  of  Toledo.  Other  canonists  had,  before  Gratiari's  time,  attri- 
buted it  to  a  Council  of  Aix).  ^  Baluze,  Capit.^  vol.  i.  p.  331. 


62  ANCIENT  FACTS  AND  FICTIONS  part  t 

his  imperial  ordinance  at  Salz^  (a.d.  804)  he  established, 
generally,  the  right  of  ancient  baptismal  churches  to  tithes 
bestowed  upon  them  with  the  consent  of  their  diocesan 
Bishops  (tibi  antiquitus  fuerint  EcclesicE.  Baptismales^  et 
devotio  facta  futt,  juxta  quod  Episcopus  ipsius  parochicB  ordt- 
naverit) ;  adding,  that  '  if,  by  gifts  of  kings  or  other  good 
and  God-fearing  men,  anything  from  which  the  older 
churches  had  been  accustomed  to  receive  tithes,  under 
ancient  titles,  should  have  been  granted  to  bishoprics  or 
monasteries,  the  earlier  gift  or  devotion  should  continue  in 
force,  and  the  tithes  should  be  paid  by  those  in  possession 
of  the  land.' 

One  of  the  articles  of  the  capitular  of  a.d.  813^  (confirm- 
ing canons  made  in  almost  identical  terms  by  two  of  the 
synods  of  that  year,  those  of  Mentz  and  Aries)  was  for  a 
like  purpose ;  and  was  repeated,^  in  terms  or  substance,  in 
many  later  laws. 

'  Churches  established  of  old  time  are  not  to  be  deprived  of 
tithes,  or  of  any  other  possessions,  so  as  to  give  them  to  new 
churches  {Ecclesice  antiquitus  constitutce  nee  deci7nis^  nee  aliis 
possessionibus,  priventur^  ita  ut  novis  ecelesiis  tribuantur\^ 

In  some  of  the  repetitions  of  that  law,  as  well  as  glosses 
of  canonists,  after  a.d.  816,  it  was  qualified  so  as  to  recon- 
cile it  with  the  legislation  of  Aix-la-Chapelle^  in  that  year,  of 
which  I  shall  hereafter  make  mention ;  in  others  it  was  not. 
The  Council  of  Mentz,  held  under  Archbishop  Rabanus 
Maurus^  (a.d.  841),  allowed  exceptions  to  be  made  to  it 

1  Baluze,  Capit.^  vol.  i.  p.  415. 

2  Ibid,^  p.  503.  (The  Canons  of  Mentz  and  Aries  are  in  Mansi, 
vol.  xiv.) 

'  E.g.y  A.D.  899  (Baluze,  vol.  ii.  p.  18),  888  (Mansi,  vol.  xvii.  p.  62), 
895  {Ibid.,  vol.  xviii.  p.  139),  958  {ibid.,  pp.  463-467)- 

*  Baluze,  Capit.,  vol.  i.  p.  565.  °  Mansi,  vol.  xiv.  p,  905. 


CHAP.  II     CONTINENTAL  LA  WS  AS  TO  TITHES  (>z 

*with  the  consent  and  advice  of  the  bishop;'  and  Herard, 
Archbishop  of  Tours ^  (a.d.  855-870),  allowed  them  'on 
very  strong  grounds  of  practical  utility.'  Gratian,  in  his 
Decretum^  produced  an  apocryphal  decree  of  Pope  Anas- 
tasius,  in  which  those  who,  *  without  their  bishop's  know- 
ledge, might  bestow  their  tithes  on  any  other  than  the 
baptismal  church,'  were  threatened  with  excommunication  ; 
and,  in  a  gloss ^  upon  a  canon  ascribed  by  him  (erroneously) 
to  a  Council  of  Toledo,  he  said  that  the  rights  of  those 
churches  were  to  be  understood  as  secured  to  them  against 
diminution  or  encroachment,  not  absolutely,  but  'unless 
they  should  be  assigned,  by  the  bishop's  disposition  {episcopo 
disponente\  to  other  churches.' 

§  5.  Irregular  Appi'opriations  of  Tithes. 

Many  encroachments  on  the  ancient  rights  of  baptismal 
churches  did  in  fact  take  place,  not  only  for  purposes 
authorised  by  the  laws  of  Aix-la-Chapelle  (the  effect  of 
which  will  be  the  subject  of  a  later  chapter),  but  for  others, 
always  condemned  by  the  law  of  the  Church ;  such  as  grants 
of  tithes  to  monasteries  by  laymen,^  without  episcopal  con- 
currence ;  and  the  feudalisation  of  tithes  in  the  hands  of  lay- 
men,^ under  tenures  often  created  by  the  bishops  themselves, 
or  by  other  ecclesiastical  tithe -owners.  The  baptismal 
churches  long  struggled  for  their  privileges;  and  were 
supported  at  the  Council  of  Pavia^  (a.d.  855,  under  the 

^  Baluze,  Capit.^  vol.  ii.  p.  129. 
^  Pars  ii.,  causa  xvi.,  qusest.  i,  cap.  55. 
2  Ibid.^  gloss  on  cap.  54. 

^  See  numerous  authorities,  cited  by  Gratian  {Decret.,  pars  ii. 
causa  xvi.,  quoest.  7).  ^  Ibid. 

*  Mansi,  vol.  xv.  p.  18 ;  Baluze,  Capit.^  vol.  ii.  p.  257. 


64  ANCIENT  FACTS  AND  FICTIONS  part  i 

Emperor  Louis  II.),  and  by  a  capitular  of  Charles  the 
Bald/  A.D.  869.  Canons  and  laws  were  passed  for  the 
punishment,  by  ecclesiastical  censures  and  civil  penalties, 
of  laymen  who,  '  for  reward  or  favour,'  took  upon  themselves 
to  divert  their  tithes  from  the  churches  entitled  to  receive 
them  ;2  or,  who,  '  despising  the  direction  of  their  bishops, 
gave  their  tithes,  not  to  the  churches  where  they  received 
baptism,  preaching,  imposition  of  hands,  and  the  other 
Christian  sacraments,  but  to  private  churches  on  their  own 
estates  and  fees,  or  to  clerks  of  their  own  choice,  at  their 
pleasure.'^  It  was  not,  however,  by  laymen  only,  that  the 
ancient  rights  of  baptismal  churches  were  subverted. 
When  they  were  in  the  hands  of  canons,  or  other  secular 
priests,  the  monastic  orders*  were  constantly  invading  them; 
sometimes  by  getting  grants  of  tithes,  and  sometimes  by 
procuring  exemptions,  which  it  was  their  policy  in  every 
possible  way  to  extend,  and  which  the  Popes  were  afterwards^ 
obliged  to  curtail.  Van  Espen^  says  that,  'when  in  the 
tenth  and  eleventh  centuries  laymen  were  willing  to  restore 
to  ecclesiastical  uses  tithes  and  churches  of  which  they  or 
their  ancestors  had  taken  possession,  they  preferred,  generally 

^  Baluze,  Capit.,  p.  212. 

2  Capitular  of  Worms,  A.D.  829  (Baluze,  vol.  i.  p.  664) ;  Synod  of 
Pavia,  A.D.  850  (Mansi,  vol.  xiv.  p.  936)  ;  Archbishop  Herard's  Con- 
stitutions (Baluze,  vol.  ii.  p.  129). 

*  Synod  of  Pavia,  A.D.  855  (Mansi,  vol.  xv.  p.  18 ;  Baluze,  vol.  il. 
P-  357)'     See  antey  p.  60. 

*  See  letter  of  Paschal  II.  (a.d.  1099-1113)  to  Victor,  Bishop  of 
Bologna,  in  Grat.  Decret.,  pars  ii.,  causa  xvi.,  quaest.  i,  cap.  9;  also 
ibid.^  quaest.  7,  cap.  2,  39  ;  Decret.  Greg.  IX.,  lib.  iii.,  tit.  xxx.,  cap.  3, 
4,  9,  10,  II,  27,  30,  34,  35  ;  Sexti  Decret.,  lib.  iii.,  tit.  xiii.,  cap.  2. 

*  Decret.  Greg.  IX.,  lib.  iii.,  tit.  xxx.,  cap.  8,  9,  10;  Sexti  Decret. ^ 
lib.  iii.,  tit,  xiii.,  cap.  2. 

^  Van  Espen,  Opera  (ed.  1753-59),  vol.  iii.  p.  596. 


CHAP.  II     CONTINENTAL  LA  WS  AS  TO  TITHES  65 

(passim\  to  give  them  to  monks  or  canons,^  rather  than  to 
the  churches  from  which  they  had  been  taken  away;  although 
this  had  been  denounced  as  unauthorised  by  many  eccle- 
siastical laws,  and  monks  and  canons  had  been  forbidden 
to  receive  tithes  or  churches  from  lay  hands  without  the 
bishop's  consent.'  That  they  obtained  them  very  early 
with  the  consent  or  by  the  act  of  bishops,  is  clear  from  a 
charter  of  a  bishop  of  Le  Mans,^  dated  in  a.d.  649-650 
(under  Clovis  II.),  by  which  he  granted  for  ever  to  a  con- 
vent of  nuns  all  the  tithes  arising  within  ten  townships 
belonging  to  his  see.  In  a.d.  997  a  synod  of  bishops  was 
held  at  St.  Denis  near  Paris,  in  order  to  take  measures 
for  the  restitution  to  the  Church  of  such  tithes  as  might 
be  uncanonically  possessed  by  laymen  or  monks.  This 
council  was  attended  by  the  Abbot  of  Fleury,  Abbo,  a 
man  of  great  fame,  and  very  zealous  for  monastic  institu- 
tions. He  offered  to  the  intended  resumption  a  strenuous 
resistance ;  which  had  the  effect  (although  his  biographer, 
Aimonius,^  threw  the  blame  on  the  bishops  whom  he 
resisted)  of  so  exciting  the  lay  people,  that  an  angry 
mob  invaded  the  synod,  and  broke  it  up  in  disorder.*  A 
controversy  followed  between  Abbo  and  his  own  bishop, 
Arnulph  of  Orleans.  The  abbot  addressed  a  public  defence^ 
of  his  conduct  to  Robert  and  John,  Kings  of  the  Franks,  in 

^  See  citation  from  Abbot  Lupus  {ante,  p.  59,  note). 

^  *  Omnes  decimas  de  supradictis  villulis,  tarn  de  annonis,  quam 
agrario,  vinum,  fcettum,  omnium  pecudum  seu  farmatico,  vel  undeam- 
que  decimari  debetur  .  .  .  ipsa7?i  deci?nam  omni  tempore  ipsi  monas- 
terio  habeat  coticessam^  (Mabillon,  Vetera  Analecta^  torn,  ii.,  p.  278). 

^  See  Mabillon,  Vetera  Analecta,  torn.  ii. 

*  Baronius,   Annales,  vol.  xvi.  p.  434. 

^  ^ Apologeticus  Abbonis  adversus  Arnulphum  Episcopum  Aurelianen- 
sem,  et  aliquot  Epistola '  ( App.  to  Pithou's  Codex  Canonnm  Vetus  Ec- 
clesice  Romano:^  Paris  1687,  pp.  398-400,  417,  418). 

F 


66  ANCIENT  FACTS  AND  FICTIONS  part  i 

which  he  accused  bishops  of  avarice  and  corruption,  and 
appealed  to  the  civil  power  to  exercise  the  authority  in  these 
matters,  which  (he  said)  had  been  admitted  by  the  most 
ancient  councils  to  belong  to  emperors  and  consuls.  And 
in  a  letter  to  a  brother  monk  named  Gerald,^  he  inveighed 
against  the  covetousness,  'which  was  not  satisfied  with  a 
third,  or  a  fourth  at  least,  of  the  revenues  of  their  own 
churches;'  citing  Gregory  the  Great  for  the  proposition, 
that  *  monasteries  ought  not  to  be  disquieted  by  bishops ; ' 
and  inquiring  what  Scriptural  authority  there  was  for  requir- 
ing yearly  accounts  of  church  endowments  or  tithes  to  be 
rendered  to  bishops  ? 

Gregory  VII., ^  in  his  Lateran  Council  of  a.d.  1078,  made 
a  canon  forbidding  the  possession  of  tithes  by  laymen, 
and  declaring  them  guilty  of  sacrilege  unless  they  restored 
them  to  the  Church,  whether  received  from  bishops,  or  kings, 
or  any  other  persons.  And,  after  affirming  the  obligation 
of  all  to  pay  tithes,  he  thus  endeavoured  to  restore  the 
bishop's  power  over  their  distribution  : 

*  Our  judgment  is,  that  the  tithes  should  be  under  the 
bishop's  hand  ;  that  he  who  is  set  over  the  rest  should  distribute 
them  justly  to  all,  without  showing  more  honour  to  one  than 
to  another,  so  as  to  disturb  scrupulous  hearts  ;  but  all  things 
ought  to  be  common  ;  for  it  seems  wrong  that  some  priests 
should  have,  while  others  suffer  loss  :  and,  as  there  is  one 
Catholic  faith,  so  it  is  needful,  that  he  who  has  the  care  of 
the  whole  diocese,  although  there  are  in  it  many  churches, 
should  yet  faithfully  distribute  to  them  all.' 

It  was  found,  however,  that  this  canon  could  not  be  put  in 
force ;  and  the  question  was  soon  again  raised,  at  the  Council 

^  App.  to  Pithou's  Codex  Canonum  Veins  Ecclesice  Romana,  Paris 
1687,  pp.  398-400,  417,  418;  also  Bouquet,  Kectteil  des  Histoires,  vol. 
X.  p,  440;  and  Galland,  Bibliotheca  Veterum  Patrum^  vol.  xiv.  p.  151, 

'^  Grat,  Decret.,  pars  ii.,  causa  xvi.,  qusest.  7,  cap.  i. 


CHAP.  II      CONTINENTAL  LAWS  AS  TO  TITHES  67 

of  Clermont^  (a.d.  1095)  *as  to  churches  and  ecclesiastical 
possessions,  acquired  without  the  sanction  of  bishops  from 
clerks  and  monks.'  Pope  Urban  II.  found  it  necessary, 
'  for  the  sake  of  peace,  and  to  avoid  scandal,'  to  confirm  all 
such  titles,  acquired  (however  irregularly)  from  clerks, 
monks,  or  otJier  persons^  in  favour  of  those  who  were  then 
in  possession  under  them ; — at  the  same  time  prohibiting 
their  creation  for  the  future  without  the  bishop's  consent. 

Even  this  did  not  stop  those  alienations.  In  a.d.  hoc, 
a  Council  of  Eoictiers^  denounced,  as  no  better  than  heretics 
and  antichrists,  certain  bishops  who  were  reported  to  have 
bestowed  the  tithes  and  oblations  of  their  people,  '  not  on 
the  priests  of  their  dioceses,  but  on  lay  persons — soldiers, 
servants,  and  (worst  of  all)  their  own  kindred.'  Pope 
Alexander  III.,^  confirming  a  canon  of  a  Council  of  Tours 
(a.d.  1 163),  took  notice  that,  bad  as  it  was  for  laymen  to 
usurp  ecclesiastical  revenues  which  properly  belonged  to  the 
priests,  they  were  sometimes  encouraged  in  that  error  by 
the  clergy  themselves  :  bishops  and  other  prelates  giving 
them  permission  to  dispose  at  their  will  of  tithes,  and  even 
of  churches.  And  he  decreed  that  any  one  who  should  grant 
to  a  layman,  continuing  such  {alicui  laico^  in  sceculo  renia- 
nenti\  any  tithe  or  oblation,  should  be  degraded  from  his 
office,  until  he  made  amends.  The  same  Pope  had,  shortly 
before,^  declared  a  grant  of  tithes  made  in  perpetuity  to  a 
layman  by  the  Abbot  of  Montreuil  to  be  void;  and  had 
ordered  its  recipient  to  be  excommunicated,  until  he  should 

^  Grat.  Decret.,  pars  ii.,  causa  xvi.  qusest.  7,  cap.  2. 

2  Ibid.,  cap.  3,  where  the  canon  of  this  council  is  attributed  to 
Gregory  VII.  See  Richter's  note,  Corpus  Juris  Canonici,  Leipsic 
1839,  vol.  i.   p.  689. 

3  Decret.  Greg.  IX.,  lib.  iii.,  tit.  xxx.,  cap.  17.     See  Richter's  note. 
^  Ibid.,  cap.  15. 


68  ANCIENT  FACTS  AND  FICTIONS  pap.t  i 

release  his  claim  'freely  and  absolutely'  to  the  Church. 
In  the  third  Lateran  Council  (a.d.  1179),  the  same  Pope 
made  a  celebrated  constitution,^  often  afterwards  referred 
to  by  English  common  lawyers,  as  having  put  an  end 
to  the  free  appropriation  of  their  tithes  by  laymen,  which 
(in  practice)  until  then  existed.  The  form  of  that  con- 
stitution varied  in  different  manuscripts.  According  to 
some  it  ran  thus :  '  We  forbid  laymen,  detaining  tithes  at 
their  soul's  peril,  to  transfer  the  title  to  them,  by  any  means, 
to  others  :  and  if  any  one  shall  receive,  and  not  restore  them 
to  the  Church,  let  him  be  deprived  of  Christian  burial.' 
This  form  of  prohibition  may,  or  may  not,  justify  the  con- 
struction placed  upon  it  by  English  lawyers.  Other  manu- 
scripts, however,  confined  it  to  grants  of  tithes  to  laymen ;  ^ 
and  qualified  it  by  the  exception  of  gifts  to  which  the 
bishop  might  have  consented.  It  is  not  improbable  that  it 
may  have  been  known,  in  this  country,  in  its  more  unquali- 
fied form. 

^  Decret.  Greg.  IX.,  lib.  iii.  tit.  xxx.,  cap.  19.  See  various  readings 
in  Richter's  notes  {Corp.  Jur.  Canon.,  1839,  vol.  ii.  p.  341).  Selden 
agreed  with  the  English  lawyers  :  '  Whoever '  (he  says)  *  observes  the 
practice  of  the  preceding  time  only,  and  the  words  both  of  that  council, 
and  to  the  same  purpose  of  the  other  held  under  Calixtus  II.,  may  well 
enough  be  persuaded  that  the  intent  of  those  canons  was  not  otherwise.' 
And,  after  referring  to  the  narrower  construction  of  Innocent  III.  and 
later  Roman  canonists,  he  adds,  *  They  may,  as  they  will,  understand 
it  by  judicial  application  ;  but  you  may,  at  least,  doubt  still  that  the 
historical  understanding  of  it  is  to  be  had  out  of  arbitrary  consecra- 
tions before  practised '  {Hist,  of  Tithes,  ch.  4,  §  7  adjinem). 

2  See,  as  to  feudalised  tithes,  which  had  become  so  before  the  Lateran 
Council  of  A.  D.  II 79,  and  the  lay  titles  to  which  were  recognised  by 
Continental  Jurisprudence,  Jouy,  Principes  et  Usages,  etc.,  ch.  i. 


CHAPTER   III 

PRACTICAL  WORKING   OF  THE  CUSTOMS  OF  APPORTIONMENT 

The  practical  working  of  the  apportionment  of  church 
revenues  under  the  older  organisation  invites  attention, 
before  tracing  the  transition  from  the  system  of  ancient 
baptismal  churches  to  that  of  modern  parishes. 

§  I.  The  Shares  of  Bishop  and  Clergy, 

Of  the  bishop's  share,  either  of  tithes  or  of  other 
diocesan  revenues,  not  much  needs  to  be  said.  It  was 
intended  to  provide  him  with  the  means,  not  only  of  sup- 
porting himself  and  his  familia  (his  ecclesiastical  house- 
hold, however  constituted),  and  meeting  other  necessary 
expenses,  but  also^  of  maintaining  the  hospitality  becoming 
his  office.  The  manner  of  doing  this  was  left  to  his  own 
conscience.  Unless  in  Spain  (where,  as  has  been  seen, 
the  burden  of  church  repairs  was  thrown  upon  it),  the 
bishop's  share  does  not  appear  to  have  been  interfered 
with,  except  when  his  functions  as  diocesan  were  tempor- 
arily in  abeyance.  On  one  such  occasion,  in  the  diocese  of 
Rimini,   Gregory  the   Great  ^  directed  the   shares  of  the 

^  See  Gregory  the  Great's  letter  to  Augustin  (Bede,  Hist.y  lib.  i., 
§  27) :  *  Una  episcopo  et familia  propter  hospitalitatem  atque  susceptionetn. ' 

2  Ep.  44,  lib.  v.,  indict.  13  (Benedictine  ed.  of  St.  Maur,  Paris 
1705,  torn.  ii.  p.  774). 


70  ANCIENT  FACTS  AND  FICTIONS  part  i 

bishop  and  the  fabric  to  be  added  together,  and  divided 
into  three  parts ;  one  for  the  support  of  the  incumbent  of 
the  see,  another  for  the  bishop  appointed  by  Gregory  him- 
self to  administer  the  diocese,  and  the  third  for  repairs.  On 
another,  during  a  visitation  of  the  diocese  of  Girgenti,  by  a 
bishop  acting  as  his  Commissary,  the  whole  fourth  share  of 
the  diocesan  bishop,  accruing  while  the  visitation  lasted, 
was  ordered  by  the  same  Pope^  to  be  paid  to  the  visitor. 

As  to  the  share  of  the'  clergy,  the  rule  of  Pope  Gelasius^ 
was,  that  the  bishop  should  distribute  it,  having  regard  to 
the  ranks  and  merits  of  those  who  were  to  participate, 
according  to  his  own  judgment.  Gregory  the  Great  ^  re- 
commended a  bishop  (of  Palermo)  to  appoint  annually  a 
tabularius^  or  steward,  of  the  clergy's  portion,  to  make  dis- 
tribution among  those  clergy  whose  names  were  inscribed 
on  lists  or  tablets  to  be  kept  by  him.  But  Gregory,  like 
Gelasius,  acknowledged  no  other  rule  of  distribution  than 
the  bishop's  reasonable  discretion.  An  appeal  was  made 
to  him  by  certain  priests  of  the  diocese  of  Catania,  who 
were  dissatisfied  with  what  their  bishop  had  done;  but 
the  only  direction  given  by  Gregory^  was,  that  the  fourth 
portion  of  all  revenues  which  might  come  to  the  Church 
from  the  rents  or  profits  of  land,  or  by  any  other  title, 
should  be  set  apart  without  deduction,  and  divided  *dis- 

^  Ep.  12,  lib.  v.,  indict.  13  (Benedictine  ed.  of  St.  Maur,  Paris  1705, 
torn.  ii.  p.  737). 

2  In  his  letter  to  the  Bishops  of  Dardania,  Ulericis  pro  officiortim 
suorum  sedulitate  distribuat;'  and  in  the  first  letter  to  the  Church  officers 
of  Volterra,  ^clericis pro  suo  judicio  et  electione  dispertiat^ — qualified  in 
the  second  letter  to  those  officers,  by  reference  to  the  bishop's  '  know- 
ledge of  the  place  and  merit  of  each  of  them'  (Mansi,  Concil.,  vol.  viii. 
pp.  121,  114,  130). 

^  Ep.  44,  lib.  xiii.  indict.  6  (ed.  1705,  tom.  ii.  1249). 

*  Ep.  7,  Ub.  viii.  indict,  i  (ed.  1705,  tom.  ii.  p.  899). 


CUSTOMS  OF  APPORTIONMENT 


erectly,  and  in  the  fear  of  God,'  among  the  priests,  deacons, 
and  clerks  in  minor  orders ;  with  full  liberty  for  the  bishop 
to  determine  how  much  each  ought  to  receive,  according 
to  his  own  opinion  of  the  quality  and  value  of  their  respect- 
ive services.  Later  canons  of  Councils^  affirmed  the  same 
principle,  down  to  the  end  of  the  ninth  century;  though, 
doubtless,  in  each  familia  or  body  of  clergy,  the  course  of 
precedent  and  practice  had  its  usual  effect,  and  tended  to 
establish  an  ordinary  proportionate  rate  of  dividend,  as 
between  different  ranks  and  orders.  All  participated,  un- 
less excluded  by  some  fault  of  their  own ;  but  those  higher 
in  office  received  more  than  those  who  were  lower :  priests 
received  more  than  deacons,  and  deacons  more  than  sub- 
deacons,  acolytes,  exorcists,  readers,  or  doorkeepers. 

§2.   The  Fabric  Fund, 

The  fabric  fund,  according  to  the  rule  of  Gelasius,  was 
to  be  laid  out  by  the  church  officers,  under  the  bishop's  direc- 
tion ;  and  any  surplus  from  the  expenditure  of  any  year  was 
to  be  kept  in  store  for  the  enlargement  or  improvement  of 
fabrics,  or  invested  in  some  property  productive  of  revenue 
*  for  the  common  good.'  - 

The  uses  of  this  fund  were  for  repairs ;  for  lighting  the 
churches,  with  Imninaria  of  wax  or  oil ;  and  for  supplying 
necessary  vestments,  vessels,  and  other  *  ornaments.' 

The  churches  for  which  it  was  provided  were  the 
'greater'  or  'baptismal,'^  and  not  those  on  private  men's 

^  E.g.,  the  sixth  Canon  of  Worms  (a.d,  868),  which  states  the  rule 
of  quadripartite  division  in  the  exact  words  of  the  letter  of  Pope  Gelasius 
to  the  Bishops  of  Dardania  (Mansi,  Concil.,  vol.  xv.  p.  871). 

2  Letters  to  the  Church  officers  ofVolterra  {ibid.  ,vol.viii.  pp.  1 14-130). 

^  Capitular  of  Pavia,  A.D.  877,  art.  ii  (Baluze,  Capit.  Reg.  Fratu., 
vol.  ii.  p.  242).     See  post,  pp.  73,  74. 


72  ANCIENT  FACTS  AND  FICTIONS  part  i 

estates.  Even  the  greater  or  baptismal  churches,  within 
the  limits  of  '  benefices '  or  lands  held  by  noblemen  under 
the  Church,  were  to  be  kept  in  proper  repair  and  condition 
by  them  ;^  relieving,  to  that  extent,  the  diocesan  fabric  fund. 
Those  '  benefices '  were  granted  upon  the  terms  of  paying, 
by  way  of "  rent -service,  what  were  called  *  ninths  and 
tenths  '2  to  the  bishops  or  ecclesiastical  corporations  who 
granted  them ;  and  bishops  receiving  '  ninths  and  tenths ' 
were  bound  ^  to  see  that  this  duty  of  their  grantees,  as  to 
church  repairs  and  lights,  was  properly  performed. 

With  respect  to  churches  or  oratories  built  by  private 
persons  on  their  own  lands,  the  rights  of  patronage  and  other 
proprietary  rights  conceded  to  the  founders  were  subject  to 
the  condition,  that  they  should  not  be  destroyed,  but  should 
be  reverentially  preserved.'* 

As   to  the  public  churches,    it  was  the   duty  of  every 

^  Frankfort  capitular,  A.D.  794,  art.  24:  ^Ut  ecclesice  per  eos  res- 
taurentur,  qui  beneficia  habeant''  (Baluze,  vol.  i.  p.  267) ;  and  canon  of 
Mentz,  A.D.  813,  art.  5  (Mansi,  Concil.,  vol.  xiv.)  The  word  beneficiuniy 
as  used  in  the  Middle  Ages,  meant  pradhwi  Jiscalcy  quod  a  Rege  vel 
Principe,  vel  ab  alio  quolibet,  ad  vitam  viro  nobili  utendum  conceditur 
(Ducange,  in  verbo). 

^  See  Thomassinus,  De  Benejiciis  (Mentz  1787,  torn,  iii.,  lib.  i. 
cap.  8,  entitled  iWwc?  et  decima:)  :  *  Qui  jure  beneficiario  fundos- ecclesia 
obtinebant  laid,  decimas  ei  et  notms  solvere  tenebanturJ'  Also  Selden, 
Hist,  of  Tithes,  ch.  6,  §  6.  The  law  of  Pepin,  of  A.D.  764,  quoted 
by  Prideaux  {Origin  and  Right  of  Tithes,  p.  96),  relates,  not  to  tithes 
generally,  but  to  these  ^ninths  and  tenths.'' 

*  See  Lombard  capitular  of  A.D.  801,  art.  43  (Baluze,  vol.  i.  p.  356) : 
*  Ut  vos  episcopi,  qui  in  omnibus  nonas  et  decimas  accipitis,  in  vestra 
providentia  sit,  quatenus  ecclesics  vel  capellce  qua  in  vestra  parochia  sunt 
emendentur,  et  luf?iinaria  eisprceheatis,  ut  in  eis presbyteri  vivere  possint. ' 

*  Frankfort  capitular,  A.d.  794,  art.  52  {ibid.,  p.  269) :  ^ De  ecclesiis 
qua  ab  ingenuis  hominibus  construantur,  licet  eas  tradere,  vendo-e^ 
tantummodo  ut  ecclesia  non  destruatur,  sed  serventur  quotidie  honores. 
As  to  the  power  of  alienation  and  sale,  see  post,  pp.  81-83. 


CHAP.  Ill  CUSTOMS  OF  APPORTIONMENT  73 

bishop,  under  the  Frankfort  capitulars  and  the  Salz^ 
capitular  of  a.d.  804,  to  see  that  those  within  his  diocese 
were  well  built  and  repaired,  and  also  to  look  after  their 
'  offices  and  lights.'  By  the  capitulars  of  Thionville^  (a.d. 
805)  reformation  was  directed  to  be  made  of  neglected 
churches,  'without  offices  or  lights ;'  and  also  of  those  *  who 
received  tithes  without  taking  care  of  the  churches.'  The 
Council  of  Toul^  (a.d.  859)  decreed  that  'the  churches 
should  be  repaired  and  restored  by  those  who  had  the  use 
of  their  possessions ;  and  that  all  members  of  the  clerical  or 
monastic  body  belonging  to  each  of  them  {ex  earumfamilia^) 
should  assist,  as  far  as  possible,  in  their  re-edification.'  The 
capitulars  of  Charles  the  Bald  at  Pavia^  (a.d.  877),  in  which 
Archbishop  Hincmar  of  Rheims,  and  other  Transalpine 
bishops  present  concurred,  directed  the  baptismal  churches, 
called  plebes^  to  be  repaired  by  *  the  sons  of  the  church,' 
according  to  ancient  custom  {ut  ecclesias  baptismales^  quas 
plebes  appellant^  secundum  antiquam  consuetudinem^  ecdesice 

^  Baluze,  vol.  i.  p.  415  (art.  i) :  ^  Ut  ecdesice  Dei  betie  constructcB 
et  restaurata  fianty  et  episcopi,  unusquisque  infra  suam  parochiam^ 
exinde  bonam  habeant providentiam,  tarn  de  officio  et  luminariis,  guam 
et  de  reliqua  instaurationeJ' 

^  Ibid,,  p.  421  (art.  6):  ^ De  ecclesiis  sine  honore  manentibus,  absque 
officiis  et  himinariis,  et  de  his  qui  decimas  quidem  adsumujtt,  et  de 
ecclesiis  non  curatit,  ut  omnimodis  emendetur.^ 

'^  Mansi,  ConciL,  vol.  xv.  p.  539  (art.  ii):  ^  Ut  ecdesice  sarciantur 
et  restaurentur  in  cedificiis  ab  his  qui  eartwi  rebus  utuntur,  aut  ab 
unoquoque  tale  ex  earum  familia  prcebeatur  adjutorium,  per  quod,  si 
fieri  potest,  recedificetur.^ 

^  Ducange  explains  'familia  ecdesice^  as  including  all  who  owe  service 
to  the  Church  ;  and,  as  used  with  respect  to  monasteries,  all  who  share 
the  conventual  life.  Examples  of  that  use  of  the  word,  as  to  cathedral 
chapters  and  other  religious  houses  in  the  Anglo-Saxon  Church  (of  the 
years  813,  824,  and  844,  etc.),  will  be  found  in  Haddan  and  Stubbs, 
Councils,  etc.,  vol.  iii.  pp.  515,  575,  580,  581,  582,  595,  617,  629. 

^  Baluze.  vol.  ii.  p.  242. 


74  ANCIENT  FACTS  AND  FICTIONS  part  i 

filii  t'nstaurent) 'y — the  canonical  power  of  the  bishop  over 
tithes  being  mentioned  in  the  same  context. 

Archbishop  Hincmar,^  and  Bishop  Riculf^  of  Soissons,  in 
their  constitutions  of  a.d.  858  and  889  (both  enjoining  the 
quadripartite  division),  directed  yearly  accounts  of  the 
expenditure  of  the  fabric  fund  to  be  rendered  to  the 
bishop  or  his  officers;  showing  how  much  had  been  laid 
out  for  oil  or  wax-lights,  how  much  for  structural  repairs, 
and  how  much  for  *  ornaments.' 


§  3.   The  Foot^s  Fund. 

With  the  poor,  widows  and  orphans,  sick  and  infirm, 
were  associated  strangers  {hospites),  foreigners  or  pilgrims 
{peregrtni\  and  captives.  In  some  laws  the  poor  only,  in 
some  (e.g.^  in  Bishop  Riculf's^  constitutions)  strangers  {hos- 
pites)  only  were  mentioned.  But,  when  one  of  these  classes 
was  mentioned,  all  might  be  understood  as  comprehended. 

Van  Espen*  says,  that  the  portion  of  the  poor,  as  well  as 
that  of  the  clergy,  was  distributable  according  to  the  bishop's 
discretion,  having  regard  to  the  greater  or  less  indigence  and 
merits  of  particular  persons.  For  this,  he  quotes  an 
Epistle  of  Pope  Gregory^  the  Great,  recommending  larger 
gifts  to  honest  and  poor  men  who  were  not  common  beggars, 
and   smaller  to   those  who  were.     The  first   Council  of 

^  Mansi,  vol.  xv.  p.  480. 

"^  Ibid.,  vol.  xviii.  p.  85  (art.  ii):  ^  Ex  ipsa  parte,  qucefabricis  debetur 
ecclesice,  volumus  aut  per  nos,  aut  per  nostras  comministros,  rescire  quid 
annuativi,  tain  in  himinaribtis  olei  vel  cerce,  qimm  etiam  in  restauratione 
tectormn,  vel  in  ornamentis,  inde  in  ecclesia  pareat. '  The  '  comministri , ' 
here  mentioned,  were  (probably)  the  oecojiomus  and  the  archdeacon. 

^  ( Ubi  supra) :  *  Quarta  hospitibus  deputata. ' 

^  Jus  Canon.  Univ.,  pars  ii.,  sect.  4,  tit.  i.,  cap.  6,  §  13. 

"  Ep.  29,  lib.  ix. 


CHAP.  Ill  CUSTOMS  OF  APPORTIONMENT  75 

Orleans/  in  the  same  spirit,  directed  the  bishop,  as  far  as 
he  could  {in  quantum  possibilitas  habuertt)^  to  give  food  and 
clothing  to  those  who,  by  reason  of  infirmity,  could  not 
labour  with  their  own  hands.  Poor  persons  of  the  bishop's 
own  kindred  were  not  excluded.  A  canon,  attributed  to 
a  Council  of  Worms  ^  (a.d.  868),  said  that  '  the  bishop  was 
to  have  the  care  of  all  Church  temporalities,  and  to  dispense 
them  as  in  God's  sight,  not  for  himself  or  for  his  relations ; 
but  that,  if  any  of  his  relations  were  poor,  he  might  give 
them  aid.  He  might  dispense  to  all  who  were  in  need ;  he 
might  himself,  if  in  need,  supply  out  of  them  his  own 
necessary  wants,  and  also  the  wants  of  those  brethren  who 
lived  with  him  {fratrum,  qui  ab  eo  suscipiuntury 

Poor  clerks  were  admitted  to  participate  in  this  share, 
as  is  plain  from  a  sentence  in  Hincmar's  ordinances  of 
A.D.  874,  excluding  from  such  participation  priests  de- 
graded for  certain  causes.  Of  monks,  bound  by  vows  of 
poverty,  and  often  called  'Christ's  poor,'  I  shall  afterwards 
speak. 

All  these  charitable  objects  were  provided  for  in  the 
Eastern  Church,  by  organised  institutions — ptochia  or 
'•ptochodochia'^  (poor-houses);  '■  orphanotrophia'  and  '•  gero- 
comia^^  (houses  for  orphans  and  aged  persons);  and 
'•  xenodochia^^  (guest-houses  or  hospices).  They  were  all 
under  ecclesiastical  superintendence,  and  had  churches  or 

^  Mansi,  vol.  viii.  p.  347. 

2  Ibid.^  vol.  XV.  p.  871.  This  canon  (art.  46)  is  not  in  the  older 
copies  of  the  Acts  of  that  council. 

3  Eighth  Canon  of  Chalcedon  {ibid.,  vol.  vi.  p.  1227),  and  see  Van 
Espen's  quotation  from  Zonaras  ( Opera,  vol.  iii.  p.  248). 

*  See  Van  Espen's  quotation  from  Balsamon,  Patriarch  of  Antioch 
in  the  twelfth  century  {Opera,  ed.  1753-59,  vol.  iii.  p.  249). 
^  Mansi  vol.  ii.  p.  947. 


76  ANCIENT  FACTS  AND  FICTIONS  part  i 

chapels  in  or  near  them.  Canons/  received  in  some  parts 
of  the  East  as  Nicene  (not,  however,  really  made  by  the 
Council  of  Nicaea),  directed  that  there  should  be  in  every 
cathedral  city  a  xenodochium^  '  set  apart  for  strangers,  infirm, 
and  poor,' 2  and  that  the  bishop  should  choose  and  set  over 
it  a  '  brother ' ; — if  possible,  an  anchorite ;  who  was  to  be  called 
the  guardian  of  the  poor  (in  the  Latin  translation,  procurator 
pauperum) ;  also,  that  collections  should  be  made  for  them 
from  all  Christians,  if  the  goods  of  the  Church  were  not 
sufficient. 

The  principles  of  those  arrangements  were  followed  in 
the  Western  Church.  At  Rome  there  was  an  officer  called 
by  the  same  name,  procurator  pauperufn ;  an  office  which 
continued  to  exist,  at  least  in  name,  until  recent  times.^ 
Othelon,*  who  wrote  in  the  twelfth  century  the  Life  of  Si. 
Boniface^  lamenting  over  the  departure,  then  general,  from 
the  ancient  rules  for  the  distribution  of  Church  revenues, 
said :  *  The  holy  canons,  by  authority  of  which  tithes  are 
paid,  required  not  that  only,  but  that  they  should  be  dis- 
tributed among  the  various  uses  of  the  Church ;  and  that 
there  should  be  in  some  cities  and  towns  guest-houses 
(xenodochia)  established,  for  the  support  of  poor  men  and 
foreigners  {peregriniy  In  the  eighth  century  there  were 
houses  of  entertainment  provided  for  the  alms-people  of 
baptismal  churches,  usually  adjoining  them ;  which,  from 
one  of  the  titles  of  those  churches  {matrix  ecciesia)^  were 

^  These  canons  were  translated  from  Arabic  into  Latin,  and  pub- 
lished A.D.  1 55 1,  by  the  Spanish  Jesuit  Francis  Turrianus. 

^  Canon  'jo.  *  Ui  sit  in  omnibus  civitatibtis  locus  separatus  pere- 
grinisy  infirmis^  et  pauperibus,  qui  vocetur  xenodochiuni^  id  est, 
hospititwi  peregrinorum.^ 

*  See  Mansi's  note,  Concil.,  vol.  ii.  (to  the  canons  of  Turrianus,  just 
cited) :  '  Sic  Romc£  vocatur  hodie  procurator  pauperum.^ 

*  Quoted  by  Keqable,  Saxons  in  England  {\%^(i\  vol.  ii.  p.  479,  note. 


CHAP.  Ill  CUSTOMS  OF  APPORTIONMENT  77 

called  matriculce  ;^  and  the  same  name,  matricula^  was  also 
applied  to  a  book,^  in  which  the  names  of  those  admitted 
as  alms-people  of  the  Church  were  inscribed.  In  the  ninth 
century  those  persons  only  who  had  been  regularly  admitted, 
or  '  matriculated,'  as  alms-people  or  bedesmen  of  the  par- 
ticular church,  were  recognised  as  having  claims  to  relief 
upon  the  ground  of  poverty. 

The  statutes  of  Corbey,  and  of  some  other  monasteries, 
ordered  lodging,  food,  and  clothing  to  be  given  to  those 
whose  names  were  in  the  matriculation  book;  requiring 
from  them  in  return  services  to  the  house,  of  which  they 
were  (in  effect)  lay  brethren.^  They  were  to  be  treated 
on  the  same  footing  with  the  other  servants  of  the  house, 
and  were  (with  them)  to  have  the  first  share  in  every  distri- 
bution of  food.  The  monks  belonging  to  the  house  were 
often  themselves  called  matriculariiJ^  Alcuin,  when  Abbot 
of  St.  Martin's  at  Tours,  in  a  letter  to  Charlemagne^  (written 
in  A.D.  801),  so  styled  himself.  There  was  an  officer  of 
each  baptismal  church  or  monastery,  like  the  procurator 
pauperum^  charged  with  the  care  of  the  matriculated  poor.^ 

Archbishop  Hincmar's  ordinances  of  a.d,  858"^  gave  in- 
junctions to  his  commissaries  and  rural  deans,  as  the 
foundation  of  annual  inquiries  to  be  made  by  them  in 
all  the   mother   churches    and   chapels   of   the  province, 

^  Ducange,  in  voce  'Matricula.'  ^  Ibid. 

^  Ducange,  in  voce  '  Matricularii '  (quoting  Adelard  and  Guerard) : 
*  In  matriculam  ecclesice  inscripH,  sub  servitiis  quibusdam  in  j?iotiasterio 
prcBstandis,  inibi  tectum^  victum,  vestitum  inveturunt.'' 

*  Hence  the  modern  use  of  the  term  'matriculation,'  for  admission 
to  universities. 

^  See  Haddan  and  Stubbs,  Councils,  etc.,  vol.  iii.  p.  533. 

^  From  the  name  of  this  office  the  modern  French  term  for  church- 
wardens {marguilliers)  is  derived. 

^  Mansi,  Concil.,  vol.  xv.  p.  481  (art.  16,  17). 


78  ANCIENT  FACTS  AND  FICTIONS  part  i 

and  of  reports  to  himself.  One  of  these  injunctions 
(already  quoted)  prescribed  the  quadripartite  division  of 
tithes  before  witnesses.  The  next  enjoined  the  priests 
of  the  churches  to  which  tithes  were  payable  to  admit  to 
matriculation  persons  suitable  to  the  quality  of  the  place 
{ut  matricularios  habeani  juxta  qualitateitt  loci) ;  ^  not  cow- 
herds or  swine-herds,  but  infirm  and  poor  persons,  and  of 
the  same  lordship'  {de  codem  dominio) ;  with  an  exception  in 
favour  of  any  brother  or  other  relative  of  the  priest,  who 
might  be  infirm  or  very  poor,  whom  he  was  permitted  to 
maintain  out  of  the  tithe  (qui  de  eadem  decitna  sustentetur). 

The  same  prelate  returned  to  that  subject  in  a  charge  to 
the  priests  of  the  province,  in  his  synod  held  at  Rheims 
A.D.  874.^ 

'I  have  often'  (he  said)  ' admonished  you  concerning  the 
matriculated,  what  sort  of  persons  you  ought  to  admit,  and 
how  you  ought  to  dispense  to  them  their  portion  of  the  tithe. 
But  I  have  found  that  there  are  some  who  take  little  heed  to 
our  admonition,  which  indeed  is  God's  own,  through  our  in- 
strumentality, small  as  we  are.  Wherefore  it  is  necessary  to 
repeat  what  I  know  some  to  neglect.  I  forbade  you,  speaking 
by  God's  authority,  that  any  priest  should  presume,  in  return 
for  an  entry  of  any  name  in  the  book,  to  require  or  accept  any 
present  {xeniuin\  or.  harvest-work,  or  other  kind  of  service  to 
himself ;  or  that  any  one  should  presume  to  sell  that  part  of 
the  tithe  which  is  due  to  the  matriculated,  and  which  the  faith- 
ful, as  ransom  for  their  sins,  offer  to  the  Lord.' 

It  appears,  therefore,  that  in  Hincmar's  time  the  poor, 
who  had  the  benefit  of  a  share  in  the  quadripartite  division 
of  tithes,  were  only  those  whose  names  were  inscribed  for 
that  purpose  in  the  '  matriculation '  book  of  the  dispensing 
Church.     And  from  Eadmer's  narrative  of  St.  Oswald's  life  2 

^  Mansi,  vol.  xv.  p.  494. 
'  Wharton's  Anglia  Sacra,  vol.  ii.  p.  195. 


CHAP.  Ill  CUSTOMS  OF  APPORTIONMENT  79 

when  in  the  monastery  of  Fleury,  in  the  succeeding  century, 
it  may  be  collected  that  the  practice  of  the  diocese  of  Orleans 
was  then  the  same ;  and  that  this  was  the  mode  of  admin- 
istering the  *  poor's  share '  of  Church  revenues,  with  which 
foreigners,  visiting  the  greater  Gallican  Churches  and  reli- 
gious houses  (such  as  Fleury  and  Corbey),  in  the  ninth 
century,  would  naturally  become  acquainted.  '  Before  the 
doors  of  a  certain  crypt  (at  Fleury)  twelve  poor  men  were 
wont,  according  to  ancient  usage,  to  assemble  and  receive 
the  supply  of  their  daily  needs  from  the  church ;  men  of 
such  dispositions,  that  all  were  associated  together  in  the 
study  of  learning,  all  were  clerks  {ut  omnes  literarum  socit, 
omnes  clerici  essent).^  One  of  these  alms-men  was  selected 
by  Oswald  to  wait  upon  and  assist  him  at  mass. 

It  has  been  intimated  that  the  monks,  as  *  Christ's 
poor,'^  might  themselves  advance  claims  to  participate  in, 
even  to  absorb,  the  '  poor's  share ; '  and  it  is  not  doubtful 
that  they  did  so.  The  Eastern  monks  of  the  fifth  century 
were  ordinary  sharers  in  the  alms  distributed  by  the 
bishops  •}  and  the  same  principle  was  recognised  in  the 
West.  In  the  Decretum  of  Gratian,^  a  chapter  entitled 
'  The  Clergy  are  free  to  grant  Tithes  to  Monks ^  is  represented 
as  taken  from  a  letter  of  St.  Jerome  to  Pope  Damasus ; 
though  no  such  letter  was  really  written  by  that  Father.  I 
translate  the  material  parts  of  it : 

^  Ducange,  in  voce  *  Pauperes  Christi';  and  Selden  :  'The  dis- 
tribution of  tenths  also  to  the  poor  according  to  the  owner's  free  will 
(which  I  take  to  be  consecrations  or  grants  to  monasteries,  for  the 
monks  were  usually  called /aw/^r^j,  and  were  so  indeed  by  their  vow) 
was  expressly  complained  of,  as  a  great  fault  of  the  time,  by  Pope 
Innocent  III.'  {Hist,  of  Tithes,  ch.  6,  §  2,  p.  78,  ed.  1618). 

-  See  Moreri,  Dictionnaire,  in  voce  'Moines.' 

^  Pars  ii.,  causa  xvi.,  quaest.  i,  cap.  68. 


8o  ANCIENT  FACTS  AND  FICTIONS  part  i 

'  Inasmuch  as  whatever  the  clergy  have  belongs  to  the  poor, 
and  their  houses  ought  to  be  common  to  all,  it  is  their  duty 
to  attend  diligently  to  the  entertainment  of  foreigners  and 
strangers  {^eregrinorwn  et  hospitujn).  Especially  should  it  be 
their  care  to  lay  out  as  much  as  they  are  willing  and  able,  out 
of  the  tithes  and  oblations  which  they  receive,  upon  convents 
and  guest-houses  {coe?tobiis  et  xenodochiis).  For  they  are  free 
to  grant  their  tithes  and  oblations  and  all  other  benefits 
{reinedid)\.o  monks  and  spiritual  persons  fearing  and  worshipping 
God,  and  to  transfer  both  the  ownership  and  the  use  of  them 
from  themselves  to  such  religious  men  {de  jure  suo  in  domi- 
nium illorum  et  usum  transferre) ;  and  in  the  poor  to  consider 
not  so  much  poverty  as  religion  {nee  tam  in  pauperibus 
paupertatem  quam  religionem  attendere).  As  to  the  question 
which  your  Holiness  has  asked,  whether  it  be  possible  for 
secular  persons  to  acquire  a  right  to  the  use  of  tithes  and  obla- 
tions, your  Holiness  knows  that  it  is  quite  unlawful ;  the  divine 
authority  of  the  canons  of  our  fathers  forbidding  it.  Where- 
fore, if  things  which  are  known  to  be  of  divine  right  shall  have 
at  any  time  been  wrongly  detained  by  such  persons,  and  after- 
wards have  passed  to  the  use  of  monks  and  servants  of  God 
with  the  consent  of  the  diocesan  bishop,  they  should  all  be 
secured  to  them,  and  sustained  by  firm  and  sure  titles  for  ever.' 

It  may  be  added,  that  after  the  time  of  Gratian  the  preach- 
ing friars  regarded  so  jealously  the  receipt  of  tithes  or  other 
endowments  by  the  secular  clergy,  that  Gregory  IX.  ^  found 
it  necessary  to  forbid  them  to  encourage  their  hearers  to 
refuse  payment  of  tithes  and  other  things  due  to  churches. 

*  Sexti  Decret.y  lib.  iii.,  tit.  xiii.,  cap.  i  :  '  Fratribus  Prcedicatoribus 
et  Minoribtis: — Discretioni  vestrce  matidamus^  districtius  inhibentes^ 
ne  talia,  quce  audientes  a  decimarum,  seu  aliarum  rerum  ecclesia  debi- 
tartwty  solutione  retrahant^  vel  alias  ani?nas  corjtimpant  audiejitiu?/!^ 
in  sermonibus  vestris  vel  alibi  proponere  de  catero  prcesumatis,''  The 
Dominican  and  Franciscan  friars  (says  Selden)  '  falsely  taught  them ' 
{i.e.  tithes)  'not  at  all  payable  but  arbitrarily  as  alms,  even  since  paro- 
chial right  in  them  established'  {Hist,  of  Tithes,  ed.  i6i8,  Preface, 
p.  xiv.)  'By  this  doctrine'  (he  adds,  in  ch.  7,  p.  166),  'the  Mendi- 
cants especially  often  got  them  to  themselves. ' 


CHAPTER   IV 

TRANSITION   TO   THE   PAROCHIAL  SYSTEM 

§  I.  Private  Oratories. 

From  an  early  date,  private  oratories  or  chapels  were  built 
and  consecrated  upon  the  estates  of  powerful  laymen. 

The  rule  was,  that  no  one  should  build  such  a  church 
before  the  bishop  of  the  diocese  came  and  publicly  set  a 
cross  on  the  ground,  and  marked  out  the  intended  precinct 
{atrium)  \  and  the  founder  was  required,  by  an  instrument  of 
gift  to  be  produced  before  consecration,  to  make  reasonable 
provision  for  its  lighting  and  due  care,  and  for  the  wages  of 
those  (custodes)^  who  should  be  put  in  charge  of  it.  ^ 

Such  oratories  were,  for  some  purposes,  private  property, 
of  which  the  proprietor  might  dispose  as  he  pleased.  The 
Frankfort  capitulars^  (a.d.  794)  permitted  them  to  be 
bought  and  sold.  It  was  not  until  a  late  period,  when  their 
character  had  been  changed,  that  the  restrictions  upon  the 
rights  of  founders  of  churches,  stated  in  very  wide  terms  by 
Pope  Gelasius,  and  by  the  ninth  Council  of  Toledo  (a.d. 
657),  were  held  to  be  applicable  to  them.    Gelasius^  had  said 

1  Note,  Burchard,  lib.  iii.  ;  Canon  of  Orleans,  A.D.  511  (Mansi, 
Concil.^  vol.  viii.,  363) ;  and  see  ibid.^  vol.  xv.  p.  563,  and  Baluze,  Cap. 
Reg.  Fraru.,  vol.  i.  p.  1570.  ^  |Art.  52),  ibid.y  vol.  i.  p.  267. 

^  See  extracts  from  two  of  his  decretal  epistles,  in  Gratian's 
Decretuniy  pars  ii.,  causa  xvi.,  quaest.  vii.,  cap.  26,  27. 

G 


82  ANCIENT  FACTS  AND  FICTIONS  part  i 

that  the  builder  of  a  church  should  not,  after  consecration, 
have  any  private  right  in  it,  except  that  of  access  to  public  wor- 
ship, due  to  every  Christian  {prceter  processionis  aditum,  qui 
omni  Christiano  debetiir).  The  canon  of  Toledo^  is  long  and 
special;  but  its  effect  is  summarised  in  the  gloss  of  Gratian:^ 
'  The  founders  of  churches  have  the  right  of  protecting 
them,  of  taking  counsel  for  them,  and  of  finding  priests  to 
serve  them  :  but  they  have  no  right  to  sell  them,  nor  to  give 
them  away,  nor  to  use  them  as  their  own  property.'  The 
canon  of  the  Roman  Council  held  under  Leo  IV.^  (a.d. 
848-854),  which  forbade  the  taking  away  of  a  monastery  or 
oratory,  canonically  erected,  '  from  the  dominion '  of  the 
founder  {a  doniinio  constructoris\  against  his  will,  and 
which  recognised  his  right  of  patronage,  might  be  recon- 
cilable with  either  the  larger  or  the  more  restricted  power. 
Pope  Innocent  III.  (who  was  in  the  habit  of  taking 
from  Gratian  his  rules  of  judgment,^  and  who  exalted  to 
the  highest  point  ecclesiastical  against  lay  authority),  in  his 
decretal^  to  which  the  rubric,  ^Laymen,  even  Kings^  cannot 
give  churches  or  tithes^  nor  can  a  prescription  be  founded  on 
such  grants^  is  prefixed,  held  that  if,  in  the  grant  of  a 
church,  a  layman  used  such  words  as  *  I  give  you  such  a 
church,'  they  must  be  understood  only  of  his  right  of 
patronage ;  and  that  nothing  more  would  pass. 

^  Mansi,  Concil.y  vol.  ii.  p.  26. 

*  Decretuniy  pars  ii.,  causa  xvi.,  quaest.  vii.,  cap.  30. 
'  Ibid.y  cap.  33. 

*  That  Pope  had  a  high  reputation  as  a  canonist.  Van  Espen  ( OperUy 
vol.  iii.  p.  69)  says  that  he  used  the  Decretum  of  Gratian,  as  '  the  purest 
fountain  of  canon  law.' — *  Atque  in  Gratiano  contenta  sine  discrimine 
aut  examine^  num  sincera  vel  supposititia  sinty  integra  an  mutilata^  in 
decisionum  quaftim  ftcndamenta  assumat,  et  secundum  ista  sine  ulla 
hesitaiione  resolvaty  etc. 

*  Decret,  Greg.  IX. ^  lib.  iii.,  tit.  xxx.,  cap.  31,     (About  a.d.  12 12.) 


CHAP.  IV      TRANSITION  TO  PAROCHIAL  SYSTEM  Z^ 

In  the  ninth  century,  and  later,  when  the  system  of  lay 
investitures  prevailed,  and  the  see  of  Rome  itself  was  to  a 
great  extent  under  lay  control,  the  founders  of  this  class  of 
churches  practically  exercised  larger  rights.  Such  churches 
were  liable,  like  other  inheritances,  to  be  divided  among  co- 
heirs. At  the  Council  of  Chalons^  (a.d.  813)  a  complaint 
was  made  of  scandals  resulting  from  that  cause.  There 
were  sometimes  three  or  four  co-proprietors  of  the  same 
altar,  who  quarrelled,  and  each  appointed  his  own  priest. 
To  remedy  those  evils,  the  council  decreed  that  in  such 
cases  the  performance  of  masses  should  be  interdicted,  until 
all  the  co-heirs  were  so  far  reconciled  as  to  agree  in  the 
appointment  of  one  priest,  who  might  do  the  duty  of  his 
office  without  disturbance.  Another  ordinance  (of  uncer- 
tain authorship),  found  in  the  collections  of  Benedict  the 
Levite,2  Regino,^  Burchard,*  and  Ivo,^  and  which  was 
ascribed  by  Gratian^  to  Gregory  the  Great,  provided  that  if, 
in  any  case  of  division  and  dispute  among  co-heirs,  the 
bishop's  interposition  should  prove  fruitless,  it  should  be 
competent  to  him  to  determine  whether  he  would  allow 
the  churches  to  remain  open,  or  would  remove  from  them 
the  'relics'  by  which  they  were  (supposed  to  be)  sancti- 
fied. This  was  converted  into  a  peremptory  law  by  the 
Council  of  Tribur^  (a.d.  895) ;  decreeing  that,  '  if  co-heirs 
should  be  in  contention   concerning  a   church  belonging 

^  Mansi,  Concil.^  vol.  xiii.  p.  98. 
2  Lib.  v.,  cap.  99  (Baluze,  Cap.  Reg,  Franc. ^  vol.  i.) 
^  De  discipHnis  Ecclesiasticis^  etc.,  lib.  i.,  cap.  242. 
^  Magnum  volumen  Canonum,  lib.  iii.,  cap.  41. 
^  Exceptiones  Ecclesiasticarum  Regularumy  part  iii.,  cap.  45. 
^  Decretuniy  pars  ii.,  causa  xvi.,  qusest.  7,  cap.  35.     (See,  as  to  all 
these  canonists,  Introduction,  ante,  pp.  10  and  19.) 
^  Cap.  32  (Mansi,  Concil,  vol.  xviii.  p.  139). 


84  ANCIENT  FACTS  AND  FICTIONS  part  i 

to  them  in  common,  the  bishop  shall  order  the  holy  relics 
to  be  taken  away,  and  the  church  to  be  shut  up,  until,  by 
common  consent,  with  the  bishop's  concurrence,  they  ap- 
point a  priest  to  do  the  duty,  with  sufficient  provision  for 
his  subsistence.' 

By  Charlemagne's  capitular  of  Salz^  (a.d.  804),  it  was 
enacted,  that  whoever  desired  to  build  a  church  upon  his 
own  property  might  do  so,  with  the  bishop's  consent ;  but 
under  the  condition  (repeated  in  later  laws)  ^  that  '  the  more 
ancient  churches  should  not,  on  that  account,  lose  their 
tithes  or  any  other  rights.' 

The  great  men  who  built  those  oratories  and  chapels,  and 
their  vassals  or  '  villeins '  (for  whose  benefit  and  convenience 
they  were  usually  built),  frequented  them  in  preference  to  the 
older  and  more  distant  churches.^  There  was  a  constant 
tendency  to  demand  for  them  increased  privileges,  and  greater 
independence  of  episcopal  control ;  and  this  pressure,  long 
opposed  by  the  bishops,  proved  at  last  too  strong  to  be 
resisted.  But  the  change  did  not  take  place  until  after  the 
death  of  Charlemagne. 

§  2.  Ordinances  of  Louis  the  Pious ^  and  their  Results. 

On  the  accession  of  Louis  the  Pious  to  the  empire,  the 
foundations  of  the  future  parochial  system  were  laid  at  Aix- 
la-Chapelle,  in  the  great  Council  of  a.d.  816.*  The  ordin- 
ances there  made  were  agreed  to  '  for  the  benefit  of  the 

^  Baluze,  Capit.,  vol.  i.  p.  415.  2  ^^^^^  p  52. 

'  Capitular  of  a.d.  855  (Baluze,  vol.  ii.  p.  352). 

^  Baluze,  Capit.^  vol.  i.  p.  565  ;  and  see  his  note,  vol.  ii.  p.  1149: 
*Ante  constitutionem  is  tarn  decimce  non  pertinebant  ad  ecclesias  noviter 
fundatasy  sed  ad  antiquiores  ecclesias,^ 


CHAP.  IV       TRANSITION  TO  PAROCHIAL  SYSTEM  85 

whole  church'  i^pro  utilitate  totius  ecdesice),  by  an  assembly 
of  bishops,  abbots,  counts,  and  heads  of  great  Frank 
families  {tnajorum  7iatu  Francoru?n),  from  all  parts  of 
the  empire. 

By  the  fourth  article  of  those  memorable  laws  it  was 
provided  that,  whatever,  since  the  accession  of  the  Emperor 
Louis,  might  have  been  voluntarily  given  to  the  Church  by 
the  faithful,  and  not  specially  appropriated  by  the  donors, 
should  be  divided,  in  the  richer  places,  into  three  parts — 
two  for  the  poor,  and  one  for  the  clerks  or  monks;  in 
smaller  places,  into  two  equal  parts — one  for  the  clergy, 
the  other  for  the  poor.  But  this  division  was  not  to  be 
made  when  the  will  of  the  donors  had  been  expressed  to  the 
contrary  {nisi  forte  a  daforibus,  ubi  specialiter  dandce.  sint, 
constitutum  fuerii) ; — when  the  donors  had  given  their  gifts 
a  particular  destination,  that  destination  was  to  prevail. 

The  ninth  article  prohibited  the  appointment  of  priests  to, 
or  their  removal  from,  the  churches  of  lay  founders,  without 
the  bishop's  authority.  But  it  guarded  that  prohibition  by 
another,  forbidding  the  rejection  by  the  bishop,  on  any  pre- 
text, of  a  clerk  of  good  life  and  sound  doctrine,  presented 
by  a  lay  patron  for  ordination  to  his  own  church. 

The  tenth  article  required,  'that  to  every  church  one 
entire  manse,  free  from  all  service,  should  be  assigned; 
and  that  the  priests  appointed  to  the  churches  should  do 
ecclesiastical  service  only  for  their  tithes,  for  the  offerings  of 
the  faithful,  for  their  houses  of  residence,  for  the  precincts 
or  gardens  adjoining  the  churches,  and  for  the  necessary 
manse.'  For  any  endowment  in  land  beyond  these,  they 
were  to  render  the  same  services  to  the  lord  of  the  seignory, 
as  would  in  any  other  case  be  due. 

Subject    to    those   requirements,   the    eleventh    article 


86  ANCIENT  FACTS  AND  FICTIONS  part  i 

directed,  that  every  church  should  have  its  own  priest,  if 
means  for  his  support  were  provided  to  the  satisfaction  of 
the  bishop. 

And  by  the  twelfth  article  (the  most  important  in  its 
consequences,  and  the  greatest  innovation  upon  the  earlier 
laws  of  all)  it  was  enacted,  that  the  tithes  arising  within  new 
townships,  in  which  new  churches  were  founded,  might  be 
granted  to  those  churches ;  {sancitum  est^  de  viilis  novis^  et 
ecclesiis  in  eis  noviter  constitutiSy  ut  decimce  de  Hits  viilis  ad 
easdem  ecclesias  conferantur). 

Even  in  Charlemagne's  time,  episcopal  founders^  of  new 
churches  had,  in  some  cases,  granted  the  tithes  of  lands 
belonging  to  their  sees,  by  way  of  endowment,  to  such 
churches.  But,  until  these  capitulars  of  Aix,  there  was  no 
legal  power  for  founders,  even  with  the  consent  of  bishops, 
to  do  so  to  the  prejudice  of  older  churches.  It  was  for- 
bidden by  the  Imperial  laws^  already  mentioned. 

After  this  new  legislation  at  Aix-la-Chapelle,  the  endow- 
ment of  new  churches  with  manses  and  with  tithes  by  lay 
founders,  with  the  consent  of  the  diocesan  bishops,  gradually 
became  common.  Districts  were  assigned  to  the  churches 
so  endowed;  and  those  districts,  before  the  end  of  that 
century,  acquired  the  name  of  *  rural  parishes'  {rusticance 
parochice).  Under  that  name  Archbishop  Hincmar,  in  a.d. 
874,^  laid  down  rules  for  their  visitation  by  his  archdeacons. 

*  See  the  *Form,'  No.  11,  of  Marculfus  (Baluze,  Capit,^  vol.  ii.  p. 
442),  by  which  a  bishop,  in  the  seventh  year  of  Charlemagne's  empire, 
with  the  consent  of  his  chapter,  endowed  with  two  manses,  and  with 
arable  land  and  a  vineyard,  a  church  built  and  consecrated  by  him  for 
four  specified  townships  {villce)  which  were  to  regard  that  as  the  church 
to  which  they  were  to  resort  for  hearing  masses  and  for  baptism 
and  preaching,  and  to  which  they  should  pay  their  tithes.  See  post^ 
Appendix  H.  ^  Ante,  p.  62. 

'  Mansi,  Concil.,  vol.  xv.  p.  494  (art.  1-4  and  7). 


CHAP.  IV      TRANSITION  TO  PAROCHIAL  SYSTEM  87 

By  degrees  the  celebration  of  all  the  sacraments  and  rites  of 
the  Church  in  the  churches  of  those  rural  parishes,  and 
burials  in  their  consecrated  precincts,  were  allowed  by 
episcopal  authority.  This  change  made  further  legislation 
necessary,  as  to  conflicting  claims  to  tithes ;  as  to  seignorial 
rights  claimed  over  those  endowments  of  rural  parishes 
which  were  not  expressly  exonerated  from  them  by  the 
capitulars  of  Aix;  and  as  to  the  subdivision  of  those 
parishes  themselves. 

In  the  Lombard  Laws  of  Lothair^  (a.d.  830)  there  is  a 
provision,  that  the  townships,  from  which  each  church  was 
to  receive  tithes,  should  be  defined  by  boundaries  :  {^Ut  ter- 
minum  habeat  unaqucEque  ecdesm,  de  quibus  villis  decimam 
accipiat '). 

Rodolph,  Archbishop  of  Bourges^  (a.d.  850),  reciting 
that  '  there  were  some  who  neglected  to  give  their  tithes  to 
their  own  churches,  where  they  and  their  servants  heard 
mass,'  decreed  that  '  all  should  there  give  their  tithes  where 
their  children  were  baptized  and  where  they  heard  masses, 
as  should  appear,  in  the  bishop's  judgment,  to  be  suitable 
to  the  circumstances  of  each  case.' 

The  appropriation  of  the  tithes  of  newly  cultivated  lands 
was  the  subject  of  a  capitular  of  the  Emperor  Louis  11.^ 
(a.d.  867),  which  provided  that  the  tithes  of  such  lands, 
when  adjacent  to  those  already  in  cultivation,  should  be 
paid  to  the  older  church ;  (which  I  understand,  in  this  place, 
to  mean  the  baptismal  or  other  church  already  existing, 
which  received  the  tithes  of  the  lands  already  in  cultivation). 
But  if,  at  a  distance  of  more  than  four  or  five  miles,  any 
'  worthy  person '  {digna  persona)  should  have  recently  re- 

»  Baluze,  Capit.y  vol.  ii.  p.  340.  2  Mansi,  Concil.,  vol.  xiv.  p.  954. 

'  Baluze,  Capit.^  vol.  ii.  p.  364. 


88  ANCIENT  FACTS  AND  FICTIONS  part  i 

claimed  wild  or  forest  land,  and  should  have  built  a  church 
there  with  the  bishop's  consent,  he  was  to  be  at  liberty, 
when  the  new  church  was  consecrated,  or  afterwards,  to 
provide  for  it  a  priest,  and  to  endow  it  with  the  tithes  of  the 
newly  reclaimed  lands.  A  canon  to  the  like  effect  was 
made  by  the  Council  of  Tribur^  (a.d.  895). 

There  were  in  those  days  some  churches,  for  the  mainten- 
ance of  which,  with  a  priest  to  serve  in  them,  no  adequate  pro- 
vision had  been  made  when  they  were  consecrated.  Walter, 
Bishop  of  Orleans,^  in  a.d.  858,  made  an  ordinance  in  his 
diocesan  synod,  that  the  priests  of  any  churches  which  had 
not  received  the  endowments  required  by  the  capitulars  of 
Aix-la-Chapelle  should  represent  their  cases  to  the  bishop, 
in  order  that  the  lords  of  the  seignories  (seniores)  might  be 
prevailed  upon  to  make  good  that  neglect. 

The  same  ordinance  recognised  the  title  of  those  '  seig- 
nors '  to  feudal  services,  for  such  lands  as  might  be  given  to 
churches  in  excess  of  any  legal  requirements ;  and  two  con- 
stitutions, one  attributed  to  the  Council  of  Worms ^  (a.d. 
868),  and  the  other  made  by  the  Emperor  Charles  the 
Bald*  in  the  following  year,  made  the  bishops  arbiters 
between  the  parochial  clergy  and  their  lords,  in  any  case  of 
difference  between  them  as  to  such  seignorial  rights. 

The  subdivision  of  rural  parishes  was  regulated  by  the 
capitulars  of  Toulouse^  (a.d.  844).  The  bishops  were  for- 
bidden to  divide  *  the  parishes  of  priests '  (parochias  preshy- 
terorimi)  for  any  other  consideration  than  the  people's  good. 
If  there  were  a  population  so  distant  from  the  *  principal 

^  Mansi,  Concil.,  vol.  xviii.  p.  139.  ^  Ibid.,  vol.  xv.  p.  505. 

'  Art.  58  (which  is  not  in  the  older  manuscripts  of  the  Acts  of  that 
Council),  ibid.y  p.  879. 

*  Baluze,  Capit.,  vol.  ii.  p.  212  (art.  9).         ^  Ibid.,  p.  24  (art.  7). 


CHAP.  IV      TRANSITION  TO  PAROCHIAL  SYSTEM  89 

church '  {ecclesiavi  principaleni)  that  women,  children,  and 
infirm  people  could  not  safely  and  conveniently  resort  to  it, 
and  yet  not  so  far  but  that  the  priest  of  that  church  might 
go  there  to  minister  to  the  people,  the  parish  might  remain 
undivided,  and  it  would  be  enough,  in  such  a  case,  to  set 
up  an  altar  (statuatur  altare)  in  that  place.  But  if  the 
people  did  not  desire  this,  or  if  it  could  not  conveniently  be 
done,  the  bishop  might,  after  due  consideration,  divide  the 
parish;  making  a  proper  apportionment  of  duties  and 
charges  between  the  priests  of  the  old  parish  and  the  new.^ 

The  Galilean  bishops  appear  to  have  acted  in  matters  of 
this  kind  by  their  archdeacons.  Archbishop  Hincmar,^  in 
A.D.  874,  instructed  his  archdeacons  'not  to  unite  or 
divide  rural  parishes  for  the  friendship,  or  on  the  solicitation, 
of  any  persons ;  nor  to  put  those  churches  which  were 
accustomed  from  old  time  to  have  priests  of  their  own, 
{quce  ex  antiqiw  presbyteros  habere  solitce  fuerunt\  under 
other  churches,  as  if  they  were  chapels;  nor  to  transfer 
chapels  from  those  churches  on  which  they  had  been  from 
old  time  dependent,  to  other  churches.'  And  he  desired  a 
return  to  be  made  to  him  in  writing  of  all  those  older 
churches  i^quce  antiquitus  presbyteros  habuerunt\  and  of  the 
chapels  which  had  been  from  old  time  dependent  on  them 
{capellas  antiquitus  illis  subject  as). 

Decrees  of  the  Synods  of  Ravenna  ^  (a.d.  877),  and  of 

^  In  the  modern  French  law,  before  the  Revolution,  when  such  a 
division  of  parishes  took  place,  by  the  erection  of  an  eglise  sticatrsale 
into  the  church  of  a  new  parish  {paroisse)  or  title  {titre),  the  whole 
burden  of  church  repair,  including  the  choir  or  chancel,  was  thrown 
upon  the  parishioners  of  the  new  parish,  and  not  upon  the  tithe  liable 
to  the  repairs  of  the  old  church  (Jouy,  Prmcipes  et  Usages,  etc.,  pp. 
330-333-)  '  Mansi,  Condi.,  vol.  xv.  p.  494  (art.  7). 

'  Ibid.,  vol.  xvii,  p.  340  (art.  48). 


90  ANCIENT  FACTS  AND  FICTIONS  part  i 

Metz^  (a.d.  888),  make  it  clear,  that  the  tithes  with  which 
rural  parishes  were  endowed  were  enjoyed  beneficially  by 
the  priest-incumbents,  and  did  not  fall  under  any  rule  or 
custom  of  quadripartite,  or  tripartite,  or  other  proportionate 
division. 

The  Synod  of  Ravenna  ordered  that  every  one  should 
pay  his  tithes  '  to  that  priest,  in  whose  parish,  and  under  the 
jurisdiction  of  whose  bishop,  he  lived;  he  being  appointed 
by  the  bishop  to  receive  them '  (^qjiia  ad  hoc  recipiendum  ab 
episcopo  suo  est  constitutus)  \  and  that  no  stranger,  priest, 
or  deacon  (levita),  should  either  carelessly  or  wilfully  seek 
or  accept  any  gift  of  these  things,  which  by  canonical  right 
belonged  to  another  {alteri  jure  canonum  debita). 

The  Synod  of  Metz  forbade  the  lord  of  any  seignory 
{nefno  senioru?n)  to  take  for  himself  any  portion  of  tithes, 
(de  decimis  aliqumn  portionem) ;  '  the  priest  alone,  who  served 
in  that  place  to  which  of  old  time  the  consecration  of  the 
tithes  had  been  made  {ubi  antiquitus  decimce  fuerunt 
consecratce),  wag  to  receive  them  without  deduction,  '  for  his 
own  support,  and  for  keeping  in  good  order  the  lights  and 
buildings  of  the  church,  and  providing  himself  with  the 
priestly  vestments,  and  other  things  of  necessary  use  for 
his  ministry;'  (in  sui  sustentationem,  et  ad  luminaria 
concinnanda  et  basiliccB  (Bdificia^  vestimenta  quoque  sacerdotalia^ 
et  ccetera  utensilia  suo  ministerio  congrua,  obtinenda). 

Here  we  observe  two  things; — first,  the  use  by  that 
council  of  the  term  consecration,  in  the  same  sense  in 
which  Selden  used  it,  to  signify  the  endowment  of  particular 
churches  with  tithes ;  and,  secondly,  the  Continental  rule^ 

1  Mansi,  Concil.^  vol.  xviii.  p.  78. 

^  See  Coke,  2nd  Institute,  p.  653.     Van  Espen,  yiwj  Univ.  Canon., 
pars  ii.,  sect.  2,  cap.  6,  §§  7,  10  et  seq. 


CHAP.  IV      TRANSITION  TO  PAROCHIAL  SYSTEM  91 

of  throwing  upon  the  parish  priest,  who  received  the  tithes, 
the  obligation  to  keep  the  church  in  repair  and  find  him- 
self in  vestments,  etc. ;  which  rule  in  England  ^  never  pre- 
vailed, except  so  far  as  the  rectors  of  parishes,  receiving 
great  tithes,  were  liable  for  the  repair  of  the  chancels  of  their 
churches. 

§  3.  Modern  Roman  Canon  Law. 

In  the  modern  canon  law  of  the  Roman  Church  (the 
Decretum  of  Gratian,  and  the  constitutions  of  later  Councils 
and  Popes),  the  ancient  quadripartite^  division  of  tithes 
or  other  Church  revenues  is  hardly  (I  think  only  twice  ^) 
mentioned ;  and  then  incidentally  or  argumentatively,  and 
not  as  still  in  practical  force  and  operation.  When  the 
churches  of  rural  parishes  became  endowed  with  tithes,  and 
those  tithes  were  subtracted  from  the  diocesan  funds  dis- 

^  Coke,  2nd  Inst.  p.  653  ;  and  Selden,  Hist,  of  Tithes^  Preface, 
p.  v.,  ed.  16 18.  The  modern  French  law,  before  the  Revolution,  threw 
upon  the  tithe-owner  (where  there  was  no  sufficient  fabric  fund  arising 
from  endowments)  the  repair  of  the  chancel  or  choir  only  of  the  fabric 
of  the  church  of  an  ancient  parish,  and  the  obligation  of  supplying 
lights,  vestments,  and  ornaments  ; — an  ecclesiastical  corporation,  \i gros 
decimateur^  being  liable  in  priority  to  a  lay  improprietor,  owner  of 
*  feudalised  tithes.'  (See  Jouy,  Principes  et  Usages  concerfiant  les  Dimes, 
Paris  1775,  cap.  10,  §  2,  p.  297.)  The  repairs  of  the  nave  of  the 
church  were  a  burden  on  the  parishioners. 

2  Of  tripartite  or  any  other  mode  of  division  than  the  ancient 
Roman,  there  is  no  mention  at  all. 

*  Decret.y  pars  ii.,  causa  xvi.,  qusest.  I,  cap.  63;  and  causa  xxv., 
quaest.  i  (Initial  position  of  the  First  Party).  And  see  Van  Espen,  Jus 
Univ.  Canon.,  pars  ii.,  sect.  2,  tit.  i.,  cap.  6,  §  4 :  Quamvis  hodie  non 
fiat  ea  reddituuin  ecdesiasticortim  divisio  in  partes,  quarum  tertia  aut 
quarta  cedat  fabric ce,  etc.  In  Dauphine  there  was  in  force,  as  late  as 
A.D.  1768,  a  special  custom  to  apply  one  twenty-fourth  part  of  the 
tithes  for  the  benefit  of  the  poor  of  the  parishes  in  which  the  tithes  arose. 
(Jouy,  ubi  supra,  cap.  10,  §  37,  p.  337.) 


92  ANCIENT  FACTS  AND  FICTIONS  parti 

tributable  under  the  ancient  system,  the  old  baptismal 
churches  naturally  sought  exoneration,  as  to  the  tithes 
and  other  endowments  which  they  still  retained,  from 
deductions  and  charges  which  might  have  left  the  wants 
of  their  clergy  and  religious  services  insufficiently  pro- 
vided for.  And,  accordingly,  they  obtained  from  Rome 
grants  of  privileges,  authorising  them  to  retain  for  their  own 
uses  the  tithes  which  they  received.  The  validity  and  effect 
of  such  Papal  grants  to  baptismal  churches  was  examined 
by  Gratian  in  the  Decretum}  under  the  form  of  a  contro- 
versy between  a  monastery,  setting  up  a  Papal  exemption 
from  tithes,  and  a  baptismal  church,  claiming  tithes  for  its 
own  benefit  out  of  lands  belonging  to  that  monastery.  In 
the  argument  for  the  monastery,  the  rule  of  quadripartite 
division  was  insisted  on ;  no  one  (they  contended)  was  more 
bound  than  the  Pope  to  observe  '  the  decrees  of  the  holy 
canons ; '  and  the  conclusion  was  drawn,  that  the  privilege 
granted  to  the  clergy  of  the  baptismal  church  did  not 
entitle  them  to  claim  the  tithes  for  themselves  {quod 
auctoritate  illius  privilegii  decimas  sibi  ex  integro  vendicare 
non  valeani)?  But  Gratian's  determination^  of  the  point 
was,  that  the  ancient  canonical  rules,  as  to  tithes  or  other 
church  property,  were  subject  to  change,  dispensation, 
and  exception,  according  to  the  judgment  of  the  Holy 
See;  and,  therefore,  that  'the  clergy  of  this  baptismal 
church,  by  virtue  of  their  privilege,  might  make  good  their 
claim  to  the  whole  tithes  of  their  "diocese"'  {clerici  ergo 
hujiis  baptismalis  ecclestce,  privilegii  auctoritate  muniti^  suce 
dioecesis  decimas  sibi  ex  integro  vendicare  valent\  except  in 
the  possible  case  of  a  bishop  being  compelled  by  'some 

^  Pars  ii.,  causa  xxv.  ^  Initial  position  of  the  First  Party. 

*  Conclusion  of  quoest.  i,  cap.  i6. 


CHAP.  IV      TRANSITION  TO  PAROCHIAL  SYSTEM  93 

extreme  necessity'  {summa  necessitate)  to  take  his  fourth 
part,  and  of  proof  being  made  that  the  clergy  of  the  bap- 
tismal church  had  more  than  they  wanted;  {et  illi  super- 
abundare  monstrentur). 

Before  the  end  of  the  twelfth  century,  the  endowment  of 
parish  churches  with  tithes  had  become  so  general,  that  the 
burden  of  proof  was  thrown  upon  those  claiming  against 
them.  In  the  diocese  of  Beauvais  a  question  arose  as  to 
the  tithes  of  newly-cultivated  lands  in  parishes,  in  which 
some  churches  (baptismal  or  conventual),  or  other  eccle- 
siastical persons,  had  from  ancient  time  a  right  to  the 
perception  of  tithes;  {ad  qiiasdam  eccksias  vel  personas 
ecdesiasticas  ab  antiquo  pertineat  perceptio  decimaruvi).  The 
determination  of  Innocent  III.^  was,  that,  'inasmuch  as, 
of  common  right,  the  perception  of  tithes  belonged  to 
the  parochial  churches '  (^perceptio  dectmarum  ad  parochiales 
ecclesias  de  jure  communi pertineat),  their  title  to  the  tithes  of 
lands  newly  brought  into  cultivation  was  clear,  unless  reason- 
able proof  could  be  made,  by  those  who  received  the  other 
tithes,  that  their  title  did  extend  to  the  newly-cultivated  lands. 

The  system,  therefore,  of  modern  parishes,  endowed 
(generally)  with  tithes,  had  then  become  well  established.  I 
cannot  better  conclude  this  narrative,  than  by  a  summary  of 
the  course  and  results  of  this  change,  taken  from  the  work 
of  Van  Espen ;  to  which  I  shall  add  an  opinion,  given  in 
France  early  in  the  eighteenth  century,  to  the  Chancellor 
d'Aguesseau,  by  magistrates  learned  in  this  branch  of  law, 
whom  that  great  jurist  had  thought  fit  to  consult.  Van 
Espen  says : 

'  As  time  went  on,  and  as  the  fidelity  and  integrity  of  the 
bishops  and  their  officers  in  the  dispensation  of  church  revenues 

1  Decret,  Greg.  IX. ,  lib.  iii.,  tit.  xxx.,  cap.  29. 


94  ANCIENT  FACTS  AND  FICTIONS  part  i 

declined,  many  dissensions  and  quarrels  arose  between  the 
clerks  to  whom  distribution  was  to  be  made,  and  those  to  whom 
the  duty  of  making  the  distribution  belonged.  The  earliest 
claim  asserted  by  the  priesthood  was  to  the  offerings  made  in 
their  own  churches  ;  and  when  the  right  to  receive  and  retain 
these  for  his  own  use  had  devolved  upon  the  priest,  separate 
titles  to  other  kinds  of  church  property  began  also  to  be  gener- 
ally acquired  ;  and  a  particular  portion  of  lands,  of  which  he 
was  to  receive  the  profits  for  his  own  use,  began  to  be  assigned 
to  the  priest  of  each  church.  This,  however,  did  not  happen 
all  at  once  everywhere ;  nor  was  the  practice  introduced  by 
the  decree  of  any  council ;  it  passed  gradually  from  one  to 
another  church.^ 

'  In  the  end  it  became  a  legal  axiom,  that  the  parish  priests 
had  a  valid  claim  to  the  tithes,  oblations,  and  other  church 
revenues  arising  within  the  bounds  of  their  respective  parishes; 
and,  in  this  way,  the  right  to  receive  those  profits  became 
annexed,  not  to  particular  persons,  but  to  churches,  and  the 
titles  to  them.  He  who  had  the  title  acquired  also  the  right 
to  receive  the  profits  of  all  that  belonged  to  that  title.  This 
system,  at  last,  became  universal.  A  further  consequence  was, 
that  the  title  acquired  the  name  of  benefice^  because  he  who 
obtained  it  obtained  at  the  same  time  the  right  to  receive  and 
enjoy  its  fruits  ;  and  also,  because  the  ecclesiastical  office  or 
ministry  was  regarded  as  the  principal  thing,  and  the  right  to 
receive  and  enjoy  the  fruits  and  profits  as  its  accident.  Canon- 
ists, retaining  the  old  designation  of  "  benefice  "  (which  signified 
an  usufructuary  right  granted  to  the  clergy  as  "  soldiers  of  the 
Church  "),  were  accustomed  to  define  it  as  "  a  perpetual  right 
granted  by  the  authority  of  the  Church  in  respect  of  a  spiritual 
office,  to  receive  and  enjoy  the  fruits,  of  whatever  kind,  of 
ecclesiastical  property  or  things  dedicated  to  God."  Divines 
preferred  to  say,  "A  perpetual  right  of  ministering  in  the 
Church,  granted  by  the  bishop's  authority,  and  having,  as  inci- 
dent to  it,  the  right  of  receiving  and  enjoying  the  fruits.'"  ^ 
In  another  place  ^ — *  The  word  peculium  probably  came  to 

*  Van  Espen,yMj  Univ.  Canon.  ^  pars  ii.,  sect.  3,  tit  i.,  cap.  i,  §8. 

*  Pars  ii.,  sect.  3,  tit.  i.,  cap.  i,  §§  11-14. 

*  Pars  ii.,  sect.  4,  tit.  i.,  §2. 


CHAP.  IV      TRANSITION  TO  PAROCHIAL  SYSTEM  95 

be  applied  to  church  property  granted  to  clerks  for  their  own 
use,  after  the  goods  of  the  church  had  become,  by  the  erection 
of  benefices,  divided  into  certain  portions,  annexed  to  par- 
ticular titles,  and  separated  from  the  general  mass.  It  acquired 
that  name  by  analogy  to  the  peculium  of  the  Roman  law, 
which  signified  property  acquired  by  a  slave  separately  from 
that  of  his  master,  by  the  master's  leave.  .  .  .  And  since, 
under  this  modern  system,  every  beneficed  clerk  has  as  ample 
power  of  administration,  and  as  free  a  use,  in  respect  of  the 
portion  of  goods  annexed  to  his  title,  as  bishops  ever  had  over 
the  estates  and  goods  of  their  churches,  it  is  not  strange  that 
the  beneficed  clerk  should  be  regarded  as  the  owner  {dominus) 
of  his  ecclesiastical  revenues,  and  should  be  commonly  spoken 
of  as  having  the  ownership  {dofniniwn)  of  them,  or  as  taking 
them  for  his  own  ;  although,  in  truth,  he  is  but  put  in  charge 
of  them.  He  obtains  over  them  a  power  of  disposition  (in- 
cluding the  right  to  apply  them  to  his  own  use),  so  absolute, 
as  to  make  him  accountable  for  his  stewardship  to  God  alone.'  1 

A  question  arose  before  the  Chancellor  d'Aguesseau, 
between  a  bishop  entitled  to  the  great  tithes  of  a  certain 
parish  and  the  cure  of  that  parish,  as  to  the  tithes  of  lands 
within  the  parish,  newly  brought  into  cultivation.  The 
magistrates,  consulted  by  the  Chancellor,  gave  their  opinion 
in  the  bishop's  favour,  for  these  reasons  -.^ 

*  In  the  ancient  state  of  the  Church  all  ecclesiastical  goods 
were  in  the  power  of  the  bishop,  who  distributed  them  to  the 
priests  and  other  ministers  of  the  Church.  The  division  which 
succeeded  to  that  ancient  state  of  things  irrevocably  assigned 
to  each  ecclesiastical  function  and  office  certain  portions  of  the 
goods  which  had  composed  that  common  mass  ;  and  this  in- 
troduced what  at  the  present  day  are  called  titles  to  benefices. 
At  the  time  of  that  division  the  bishops,  to  form  their  separate 
estates  {leur  manses  particuliers\  reserved  to  themselves  cer- 
tain domains  and  tithes,  which  they  continued  to  possess  by 

1  Pars  ii.,  sect.  4,  tit.  i.,  §  23. 
2  Jouy,  Principes  et  Usages^  etc.,  cap.  7,  §  9,  pp.  226-228. 


96  ANCIENT  FACTS  AND  FICTIONS  part  i 

the  same  title  as  when  the  division  was  made.  It  is  impossible, 
under  these  circumstances,  to  say  that  the  curds,  who  got  their 
own  proper  share  {leur partie  contingejite)  of  the  common  goods, 
can  establish  against  the  bishops  a  right,  by  reason  of  their 
churches  {de  leur  clocher\  to  receive  all  the  tithes  of  their 
parishes.  That  original  state  of  things  assures  to  the  bishops 
a  right  in  perpetuity,  as  against  the  cures,  to  the  tithes  of  each 
parish  so  situated.  This  right  of  the  bishops  is  not  an  ex- 
emption ;  for  the  right  of  a  tithe-owner  not  to  pay  the  tithe  of 
his  own  landed  property  cannot  be  called  exemption  from 
tithes.' 


ANCIENT  FACTS  AND  FICTIONS 
PART  II.— ANGLO-SAXON 


CHAPTER  I 

FIRST   PERIOD — FROM   AUGUSTIN   TO   THE   DEATH   OF 
ARCHBISHOP   THEODORE 

§  I.  Preliminary. 

I  SHALL  refer  to  the  general  history  of  the  Anglo-Saxon 
Church  SO  far  only  as  it  throws  light  upon  the  particular 
subjects  which  it  is  my  object  to  examine.  That  history 
may  be  divided  into  four  periods.  The  first  (to  which  the 
present  chapter  relates)  occupies  nearly  a  century,  from  the 
coming  of  Augustin  in  a.d.  597  to  the  death  of  Archbishop 
Theodore  in  a.d.  690.  It  is  that  of  the  first  plantation  of 
the  Church  by  Augustin  and  his  successors, — all  but  one  of 
them  sent,  like  himself,  from  Rome.  The  second  begins 
with  Brihtwald,  the  first  of  a  long  line  of  native  Anglo-Saxon 
primates  ;  and  ends  with  the  restoration  of  the  see  of  Canter- 
bury, in  a.d.  803,  from  the  position  of  diminished  authority  to 
which  it  had  been  reduced  by  King  Offa.  This  was  a  period 
of  vigorous,  independent  growth.  The  third  and  longest 
period,  extending  over  nearly  140  years,  from  the  Council 
of  Cloveshoo  (where  that  restoration  was  effected)  to  the 
primacy  of  Archbishop  Odo  (a.d.  941),  was  one  of  decay. 
The  fourth  and  last,  from  a.d.  941  to  the  Conquest  (a.d. 
1066),  was  marked  by  a  revival  of  learning,  and  the  estab- 
lishment of  monastic  ascendency. 


ANCIENT  FACTS  AND  FICTIONS 


§  2.    The  Original  British  Church. 

If  I  may  seem  to  pass  by  the  history  and  the  labours  of 
the  original  British  Church,  it  is  not  because  I  am  insensible 
to  the  interest  of  that  subject ;  but  because  the  questions  of 
ecclesiastical  organisation,  customs,  and  laws,  with  which  I 
wish  to  deal,  are  Anglo-Saxon,  not  British.  Speaking 
generally,  the  local  succession  and  organisation  of  the  Anglo- 
Saxon  Church  was  from  Augustin  \  it  was  not  a  continuation 
of  the  succession  or  organisation  of  the  ancient  British 
Church.  It  arose  out  of  the  conversion,  by  missionaiy 
enterprise,  of  new  heathen  nations,  which  had  obtained 
possession  of  the  greater  part  of  England,  and  had  driven 
into  the  remoter  parts  of  the  island  that  portion  of  the  British 
race  which  they  did  not  exterminate  or  enslave.  And  at  the 
outset  there  was  a  difference,  not  of  organisation  and 
succession  only,  but  also  of  rite  \  the  British  Church  having 
its  peculiar  customs,-^  of  which  there  was  on  both  sides  a 
disposition  to  exaggerate  the  importance. ^  By  degrees,  the 
natural  law,  by  which  the  weaker  is  attracted  to  the  stronger, 
prevailed.^  The  organisation  which  had  for  its  centre  the 
see  of  Canterbury  was  the  stronger,  ecclesiastically,  from 
its  nearer  relation  to  the  metropolis  of  Western  Christendom ; 
and  temporally,  because,  according  to  the  measure  of  the 
success  of  its  missionary  efforts,  it  acquired  the  support  of 

^  See  Haddan  and  Stubbs,  Councils,  vol.  i.  pp.  152-155. 

"^  Ibid.,  pp.  108,  126,  notes;  and  see  Theodore's  'Penitential,' 
lib.  ii.,  cap.  9  {ibid.,  vol.  iii.  p.  197). 

'  'In  A.D.  731,  all  the  Scottish  and  Pictish,  and  probably  the 
Cornish,  Churches  had  yielded  ;  but  the  Welsh  still  retained  their  own 
Easter'  {ibid.,  p.  62,  note).  The  Welsh  Churches  began  to  adopt  the 
Roman  Easter,  etc.,  between  a.d.  768  and  777  [ibid.y  vol.  i.  p.  204). 


CHAP.  I   FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      loi 

the  governing  races.  The  result,  when  distinctions  of  rite 
had  disappeared,  was  not  to  make  the  new  organisation  fall 
into  the  old,  but  the  old  into  the  new. 

On  the  other  hand,  there  is  no  reason  to  doubt  that 
the  influence  of  the  two  converging  traditions  of  historical 
Christianity  in  this  island  was  to  some  extent  reciprocal; 
especially  when  the  communications^  of  both  with  the 
Scottish  and  Irish  Churches  (kindred  to  the  British)  are 
taken  into  account.  Some  customs  of  the  Anglo-Saxon 
Church  seem  to  have  been  borrowed^  from  the  British; 
and  bishops  of  the  older  churches  took  part  in  the  conver- 
sion, or  reconversion  after  relapses  into  heathenism,  of  some 
of  the  Anglo-Saxon  kingdoms ;  and  also  in  consecrations,^  by 
which,  in  particular  dioceses,  the  succession  of  the  Anglo- 
Saxon  episcopacy  was  kept  up.  These  relations  to  the 
British,  Scottish,  and  Irish  Churches  contributed  to  give  to  the 
Anglo-Saxon  Church  a  character  of  its  own,  and  to  modify 
or  retard  the  assimilation  of  its  customs  and  institutions 
to  those  of  Continental  Churches. 

As  to  the  revenues  and  territorial  arrangements  of 
the  ancient  British  Church,  little  is  known.  There  was 
a  Welsh  custom,*  when  Giraldus  wrote  his  'description 
of  Wales '  in  the  twelfth  century,  of  paying  an  extra- 
ordinary tithe,  which  was  divided  between  the  bishop  and 
the  '  baptismal  church '  (eccksice  suce  baptismaH\  in  the  pro- 
portion of  one-third  to  the  former  and  two-thirds  to  the 

^  Haddan  and  Stubbs,  Councils^  vol.  i.  pp.  115,  116,  note;  p.  121, 
note ;  and  see  Bede,  Hisi.,  lib.  v.,  cap.  22. 

2  Haddan  and  Stubbs,  Councils,  vol.  i.  p.  140. 

^  Ibid.,  p.  124  J  and  vol.  iii.  p.  106  note,  109. 

*  Descr.  Wall.,  lib.  i.,  cap.  18  (quoted  by  Baluze,  Capit.,  vol.  ii. 
p.  1065,  note).  See,  as  to  Welsh  baptismal  churches,  the  Laws  of 
Howel  the  Good  (Haddan  and  Stubbs,  Councils,  vol.  i.  pp.  241,  247). 


102  ANCIENT  FACTS  AND  FICTIONS  part  ii 

latter,  on  certain  special  occasions,  such  as  marriages, 
journeys,  or  a  change  of  life  undertaken  by  advice  of  the 
Church.  As  to  the  antiquity  of  that  custom,  or  as  to 
other  customs  of  the  ancient  Welsh  Church,  relating  either 
to  tithes  or  to  parochial  arrangements,  before  the  end  of  the 
eleventh  century,  we  have  no  certain  information.  In  the 
'Laws  of  Howel  the  Good,'  which  belong  to  the  tenth 
century  (and  were  later  than  the  cessation  of  the  ritual 
differences  which  had  estranged  the  Welsh  Church  from  the 
Anglo-Saxon),  tithes  are  mentioned;  in  a  manner,  how- 
ever, from  which  we  derive  little  light.  In  two  of  the 
three  forms  of  that  code,  the  'priest  of  the  household' 
(second  in  rank  of  the  royal  officers)  was  to  have  a  third 
of  the  king's  tithe,^  and  the  '  priest  of  the  queen '  a  third 
of  the  queen's  tithe ;2  the  'priest  of  the  household'  was 
also  to  have  the  tithe  of  the  household.^  The  code 
of  the  south-western  province,*  imposing  fines  by  way  of 
penalty  upon  any  persons  *  fighting  within  the  churchyard,' 
gave  all  those  fines  to  'the  abbot'  and  'the  priests  and 
canons'  of  the  church — from  which  the  inference  arises, 
that  at  the  time  when  those  laws  were  made,  the  churches 
in  Wales  which  had  churchyards  or  burial-grounds  were 
conventual. 

§  3.   Gregory  the  Great,  as  to  Church  Revenues  in  England, 

Augustin  and  several  of  his  coadjutors  were  monks ;  not, 
however,  of  the  Benedictine  order  founded  in  Italy  during 
the  earlier  part  of  the  sixth  century,  as  has  often  been 
asserted.  Before  that  time  there  were  monks  and  monas- 
teries, and  monastic  vows ;  there  were  famous  monasteries  in 

^  Haddan  and  Stubbs,  Councils^  vol.  i.  pp.  227-231. 
'  Ibid.y  p.  235.  3  Ibid.^  p.  227.  *  Ibid.,  p.  243. 


CHAP.  I   FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      103 

Wales,  in  Scotland  and  its  islands,  and  in  Ireland.  But  Bene- 
dict was  the  first  founder  of  a  regular  order  of  monks,  living 
apart  from  others,  and  governed  by  one  definite  system  of 
positive  rules.  The  Roman  missionaries,  when  they  effected 
their  settlement  at  Canterbury,  did  not  found  a  Benedictine 
monastery;^  they  lived  together  as  a  college  of  clergy, 
the  germ  of  the  future  chapter  of  Canterbury  Cathedral ; 
which,  until  a  time  later  than  Dunstan,  consisted  of  canons, 
under  rules  less  austere  and  more  flexible  than  that  of 
St.  Benedict.  Augustin  stated  to  Gregory  several  questions 
on  which  he  desired  instructions;  one  of  them,  as  to  the 
diversity  of  the  customs  of  churches;  and  Gregory's 
answer  allowing  that  diversity,  and  advising  Augustin  to 
decide  for  himself  what  might  be  best  and  most  suit- 
able for  the  edification  of  his  converts,  without  holding 
himself  bound  by  the  rules  or  customs  of  Rome,  has 
been  elsewhere  mentioned.^  The  answer  given  to  Augus- 
tin's  first  question,^  which  related  to  the  distribution  of 
the  offerings  of  the  faithful,  was  in  conformity  with  that 
principle. 

'  As  to  bishops'  (it  was  asked),  '  how  should  they  live  with 
their  clerks  ?  Into  what  portions  should  the  offerings  made 
by  the  faithful  at  the  altar  be  divided  ?  How  should  the 
bishop  conduct  himself  in  the  church?'  The  answer  (after 
referring  to  St.  Paul's  Epistle  to  Timothy  as  to  the  conversa- 
tion and  behaviour  suitable  to  bishops)  was : 

'  It  is  the  custom  of  the  Apostolic  See  to  instruct  bishops 
at  the  time  of  their  consecration,  that  of  all  revenues  of  every 
kind  {de  oinni  stipendio  quod  accedif)  four  portions  should  be 
made :  one  for  the  bishop  and  his  "  family,"  for  hospitality's 

^  See  Hook's  Lives  of  Archbishops^  vol.  i.  p.  34  (3rd  ed.  1875). 
^  Ante^  p.  26,  *  Bede,  Hist.^  lib.  i.,  cap,  27. 


I04  ANCIENT  FACTS  AND  FICTIONS  part  ii 

sake,  and  the  entertainment  of  others  ;  one  for  the  clergy ;  a 
third  for  the  poor  ;  the  fourth  for  repair  of  churches.  But 
inasmuch  as  you,  my  brother,  who  have  been  trained  in  the 
monastic  rules,  ought  not  to  be  separate  from  your  clergy,  you 
should  institute  in  the  English  Church,  brought  so  lately  by 
God's  help  to  the  faith,  the  same  manner  of  administration 
{cofiversationeni)  which  was  in  use  by  our  fathers  in  the  very 
first  infancy  of  the  Church  {initio  nascentis  ecclesice\  in  which 
"  no  man  of  them  said  that  ought  of  the  things  which  he 
possessed  was  his  own ;  but  they  had  all  things  common." 
But  if  there  are  clerks  not  in  holy  orders  who  cannot  live 
single,  they  should  take  to  themselves  wives,  and  receive 
stipends  outside.  For  we  know  that  of  the  same  fathers,  of 
whom  we  have  just  spoken,  it  is  written  that  "  distribution  was 
made  to  every  man  according  as  he  had  need."  Their  pay- 
ment should  be  considered  and  provided  for,  and  they  should 
be  kept  under  ecclesiastical  rule,  so  as  to  live  good  lives,  and 
attend  to  psalm-singing,  and  keep,  by  God's  help,  heart,  tongue, 
and  body  from  all  things  unlawful.  But  as  for  making  portions, 
or  showing  hospitality,  or  performing  deeds  of  mercy,  what 
need  can  there  be  to  speak  of  such  things  to  those  who  live  in 
community,  when  all  that  they  have,  beyond  their  own 
needs,  ought  to  be  applied  to  pious  and  religious  uses,  as  the 
Lord  the  master  of  us  all  teaches  ?  "  But  rather  ^  give  alms  of 
such  things  as  ye  have"  {quod  superest  date  eleemosynain\ 
"  and  all  things  are  clean  unto  you." ' 

To  suggest^,  that  Gregory  by  this  answer  intended  to 
recommend  to  Augustin  the  Roman  rule  of  quadripartite 
division  is  to  contradict  his  words.  The  offerings  in  ques- 
tion were  those  made  at  the  altar  of  a  church,  served  by  a 
body  of  men  living  together  as  monks  in  community,  with 
inferior  clergy  not  bound  by  monastic  vows  under  them. 
They  were  first  to  provide  out  of  their  offerings  for  their 
common  wants  and  those  of  their  dependent  clergy.  Every- 
thing beyond  what  might  be  necessary  for  these  purposes  was 
to  be  used  as  they  should  judge  most  convenient,  without 
^  Luke  xi.  41. 

2  See  Kennett's  Parochial  Antiquities  (ed.  1818),  vol.  i.  p.  107. 


CHAP.  I    FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      105 

any  partition,  for  hospitality  and  works  of  charity  and 
mercy.  It  would  not  indeed  have  been  inconsistent  with 
that  advice,  if  at  some  later  period,  and  under  altered  cir- 
cumstances, the  Anglo-Saxon  Church  had  adopted  either  the 
quadripartite  or  any  other  rule  of  division.  On  that  point 
Gregory's  instructions  left  them  free;  they  might  either 
permanently  retain  the  same  latitude  of  discretion  which 
had  prevailed  generally  in  Christendom  for  more  than  four 
hundred  years  from  the  time  of  the  Apostles,  or  they  might 
introduce  the  Roman  or  some  other  definite  rule.  That 
they  did  so,  is  not  a  thing  to  be  presumed  without  evidence. 
As  to  the  quadripartite  division,  there  is  no  documentary 
or  historical  evidence  of  any  kind  which  can  be  alleged  as 
showing  its  acceptance  anywhere  or  at  any  time  in  England. 
That  some  other  definite  rule  should  be  adopted  in  pre- 
ference was  not,  perhaps,  i  priori  probable ;  but  there  are 
documents  (belonging  to  the  fourth  and  last  period  of  the 
Anglo-Saxon  Church)  which  will  require  examination  when 
we  come  to  that  period;  from  which  some  have  con- 
cluded that  there  was  in  this  country,  then  or  earlier,  a 
tripartite  rule  of  division.  In  that  opinion  I  do  not  agree  ; 
but  for  the  present  it  is  sufficient  to  say,  that  nothing  of 
that  kind  can  be  alleged  of  earlier  date  than  King  Edgar's 
(or,  more  probably.  King  Ethelred's)  reign.  Whelock,^ 
the  Cambridge  editor  of  Bede  in  the  seventeenth  century, 
connected  the  name  of  Theodore,  seventh  Archbishop  of 
Canterbury,  with  one  of  the  documents  to  which  I  have 
referred.  On  that  point  it  is  not  necessary,  and  it  would 
not  be  convenient,  to  anticipate  here  what  may  be  proper  to 
be  said  hereafter. 

^  Bede's  Hist,  (Cambridge  1644),  p.  358  ;  Whelock's  note. 


I06  ANCIENT  FACTS  AND  FICTIONS 


§  4.   Tithes, 

The  earliest  notice  of  tithes  in  any  document  belonging 
or  relating  to  the  Anglo-Saxon  Church  is  in  the  *  second 
book'^  of  a  collection  of  answers  or  precepts,  said  to  have 
been  given  to  inquirers  by  Archbishop  Theodore,  on  a  series 
of  ecclesiastical  questions.  That  collection  appears  to  have 
been  made  after  Theodore's  death  by  a  compiler  calling 
himself  'a  disciple  of  the  Umbrians,'^ — probably  a  student 
of  theology  in  one  of  the  Northumbrian  schools,  at  Wear- 
mouth  or  elsewhere  in  the  province  of  York.  Wasser- 
schleben^  and  the  late  Mr.  Haddan  and  Bishop  Stubbs* 
have  agreed  in  accepting  it  as  authentic;  I  shall,  on 
their  authority,  assume  it  to  be  so.  It  is  divided  into  two 
*  books,'  each  containing  chapters  arranged  according  to 
subjects  —  the  first  book  *  Penitential,'  the  second  of  a 
different  character.  The  precepts  so  ascribed  to  Theodore 
make  no  pretension  to  the  character  of  laws  or  canons  :  they 
represent  at  the  most  his  pastoral  teaching  upon  the  points 
to  which  they  relate.  Some  of  them  (as  to  re -baptism,^ 
divorce,  and  re-marriage  ^)  appear  to  be  at  variance  with  the 
received  doctrine  of  the  Roman  and  other  churches. 

The  effect  of  the  articles  as  to  tithes  (in  bad  Latin,  and 
perhaps  corrupt)  is  this — (i)  That  no  priest  is  bound  to 

1  Haddan  and  Stubbs,  Councils,  etc.,  vol.  iii.  pp.  191,  203. 

2  Ibid.,  pp.  173,  175  (and  see  vol.  i.,  Preface,  xiv.) 

3  Die  Bussordnungen,  etc.  (Halle  1851). 
*  Ubi  supra. 

'"  Lib.  ii.,  cap.  2,  §  12  (Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  192) ; 
and  compare  lib.  i.,  cap.  10,  §  i  {ibid.,  p.  185). 

"  Lib.  ii.,  cap.  12,  §§  5,  8,  19-24  {ibid.,  pp.  199-201).  Compare 
Howel's  Welsh  Marriage  Laws  {ibid.,  vol.  i.  pp.  249,  251). 


CHAP.  I    FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      107 

pay  tithes  {presbitero  decimas  dare  non  cogitur)  -^  (2)  That 
in  gifts  to  the  Church  {tributum  ecdesice)  the  custom  of  the 
province  should  be  observed ;  but  so,  that  no  force  be  put 
upon  the  poor  as  to  tithes  or  anything  else  {ne  tantutn 
pauperes  inde^  in  decimis  aut  in  aliquibus  rebus^  vim  patien- 
tur)-^  (3)  That  it  is  not  lawful  to  give  tithes,  except  to 
the  poor  and  strangers,  or  laymen  to  their  own  churches 
(decimas  non  est  legitimum  dare  nisi  pauperibus  et  pere- 
grinis^  sive  laid  suas  ad  eccksias).^ 

The  first  of  these  articles  occurs  in  a  chapter  relating  to 
the  powers,  duties,  and  obligations  of  bishops,  priests,  and 
deacons,  and  headed,  *  Of  the  three  prindpal  degrees  of  the 
Church ' ;    the  other  two  in  the  concluding  chapter,   *  Of 
divers  questions.^     They  are  negative  rather  than  positive : 
they  put  the  payment  of  tithes  on  the  footing  of  custom,\ 
depending  for  its  observance  upon   episcopal   or  clerical  \ 
influence  rather  than  ecclesiastical  censures.     Of  a  division  ) 
into   portions   between   bishop,  clergy,  fabrics,  and   poor, 
or  for  any  of  those  objects,  they  afford  no  indication; — 
rather  the  reverse.     What  were  the  churches  described  as 
those  of  laymen,  to  which  tithes  might  be  paid  by  them,  is 
not  clear ;  they  might  be  oratories  built  upon  their  estates, 
or  (as  I  should  rather  be  disposed  to  think)  those  convent- 
ual or  baptismal  churches  whose  public  ministrations  they 
ought  properly  to  have  attended. 

In  the  History  of  Bede  there  is  only  one  passage  mak- 
ing mention  of  tithes.  This  occurs  in  the  account  which 
he  gives  of  Bishop  Eadbert,*  St.  Cuthbert's  successor  at 
Lindisfarne ;  '  a  man  remarkable  for  his  knowledge  of  the 

^  Haddan  and  Stubbs,  Coundls,  vol.  iii.  p.  191  (lib.  ii.,  cap.  2,  §  8). 

2  Ibid.,  p.  203  (lib.  ii.,  cap.  14,  §  9). 

'  Ibid.  (lib.  ii.,  cap.  14,  §  10).  ^  Bede,  Hist.,  lib.  iv.,  cap.  29. 


io8  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Scripture,  and  his  observance  of  the  divine  commandments, 
and  (most  of  all)  for  his  alms-deeds,  which  were  such  that, 
in  every  year,  he  gave  to  the  poor  a  tithe,  not  only  of  his 
beasts,  but  of  all  his  corn  and  fruits  of  trees,  and  of  his 
garments  also.'  Bede  evidently  regarded  this  as  an  instance 
of  more  than  ordinary  virtue. 

§  5.  Ecclesiastical  Organisation, 

Gregory  the  Great  considered  it  to  be  within  his  power 
(whether  as  founder  of  the  Anglo-Saxon  Mission  or  as 
Patriarch  of  the  West,  for  he  repudiated  the  title  of  '  Uni- 
versal Pope ')  to  regulate  for  all  Britain  the  future  episcopal 
organisation.^  This  he  did  by  conferring  on  Augustin  him- 
self, during  his  lifetime,  the  primacy  over  the  whole  island, 
directing  him  to  ordain  for  his  own  province  twelve  bishops, 
and  to  consecrate  and  send  to  York  another  bishop,  who, 
^after  the  conversion  of  that  city  and  the  country  near  it, 
j should  himself  ordain  twelve  other  bishops,  and  become 
a  metropolitan,  receiving  the  pall,  but  being  subject,  as 
long  as  Augustin  lived,  to  his  superior  authority.  After 
Augustin's  death,  London  was  to  become  the  metropolitan 
see  of  the  southern  province,  without  any  superiority  over 
the  metropolitan  of  York;  each  metropolitan  taking  pre- 
cedence of  the  other  according  to  the  date  of  his  consecra- 
tion. 

These  instructions  were  not  acted  upon.  The  see  of 
Canterbury,  if  not  by  the  positive  appointment  of  later 
Popes,  by  a  practice  to  which  they  gave  such  sanction  as 
was  implied  in  sending  the  pall  to  Augustin's  successors, 

1  Letter  of  Gregory  to  Augustin  (22nd  June  a.d.  601),  sent  with 
pall  (Bede,  Hist.^  lib.  i.,  cap.  29 ;  Haddan  and  Stubbs,  Councils,  vol.  iii. 
pp.  29,  30). 


CHAP.  I    FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      109 

retained  its  metropolitan  character,  which  was  never  trans- 
ferred to  London  ;  and  it  also  retained  (though  without  any 
practical  assertion  until  Theodore's  time  ^)  the  primacy  over 
all  England.  The  scheme  of  two  archbishops  and  twenty- 
four  bishops  was  not  capable  of  being  at  once  realised  ;  the 
heathen  must  first  be  converted,  and  some  7iiodus  vivendi 
must  be  arrived  at  with  the  remnants  of  the  British  Church ; 
which  was  never  done  at  all  as  to  the  regions  north  of  the 
Forth  and  Clyde,  nor  (in  Anglo-Saxon  times)  as  to  Wales ; 
and  was  only  done  gradually  in  other  parts  of  England. 
The  only  bishoprics  established  by  Augustin  himself  (be- 
sides Canterbury)  were  Rochester  and  London.  It  was 
not  till  the  time  of  his  fellow-labourer  and  third  successor, 
Justus,  that  the  first  steps  were  taken  for  the  conversion  of 
the  country  beyond  the  Humber.  Paulinus^  was  then 
(a.d.  625)  consecrated  to  York,  and,  after  he  was  forced  to 
leave  the  northern  province  for  Kent,  he  received  the  pall 
(which  was  not  sent  to  any  of  his  successors  in  that  see 
before  Egbert,  in  the  middle  of  the  next  century) ;  but  he 
consecrated  no  other  bishops  for  the  northern  province. 

On  the  accession  of  Honorius  to  the  archiepiscopate  in 
A.D.  627,  there  were  thus  four  bishoprics  only  of  the  Anglo- 
Saxon  rite  in  the  island  \  and  even  of  these,  one  (London) 
was  practically  in  abeyance,  for  the  kingdom  of  Essex  had 
relapsed  into  heathenism,  and  had  expelled  its  bishop, 
Mellitus,  some  years  before  ;  ^  and  the  same  thing  not  long 
afterwards  happened  in  Northumbria,  from  which  Paulinus 
also  was  expelled.^  Of  the  kingdoms  of  the  (so-called) 
Heptarchy,  East  Anglia,  Wessex,  Mercia,  and  Sussex 
were  still  heathen.     Under  Honorius,  the  Kings  of  East 

^  Bede,  Hist.^  lib.  iv.,  cap.  2. 

2  Haddan  and  Stubbs,  Councils^  vol.  iii.  p.  75. 

*  Ibid.,  p.  66.  ^  Ibid.,  pp.  86-88. 


no  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Anglia  and  Wessex  were  converted,  and  two  new  sees  ^ 
were  erected,  at  Dunwich  in  Suffolk,  and  Dorchester  in 
Oxfordshire;  the  latter  see  being  soon  afterwards,  during 
the  same  primacy,  removed  to  Winchester. ^  The  conver- 
sion of  Mercia  was  begun  in  the  time  of  the  next  primate ; 
not,  however,  under  his  authority,  but  by  Finan  of  Lindis- 
farne,  who  was  of  the  British  succession,^  and  it  was  during 
the  vacancy  of  the  see  of  Canterbury,  after  that  archbishop's 
death,  that  another  new  bishopric  was  established  for 
Mercia."*  Thus,  when  Theodore  succeeded  to  the  primacy, 
there  were  five  suffragans  only  under  Canterbury,  and  one 
bishop  only  of  the  Anglo-Saxon  Church  in  the  northern 
province.^ 

Theodore  was  the  first  to  assert  and  exercise,  with  the 
assent  and  support  of  the  rulers  of  the  professedly  Christian 
kingdoms  on  both  sides  of  the  Humber,  and  their  subjects 
of  the  Anglo-Saxon  rite,  the  authority  of  primate  and  metro- 
politan of  all  England;^  and  he  formed  the  design  of 
subdividing  the  greater  sees.  He  assembled  at  Hertford^ 
(a.d.  673)  a  general  synod  of  the  Church,  and  proposed  for 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.  88-91. 

^  Ibid.,  p.  127,  note. 

^  Ibid.,  pp.  93-98  ;  and  Hook,  Lives  of  Archbishops,  vol.  i.  p.  120. 

^  Bede,  Hist.,  lib.  iv.,  cap.  3;  Haddan  and  Stubbs,  vol.  iii.  p.  96. 
Dean  Hook  says  that  the  first  Mercian  see  was  at  Repton,  and  that 
it  was  removed  to  Lichfield  under  Theodore  {Lives  of  Archbishops^ 
vol.  i.  p.  121). 

^  '  The  whole  of  England,  except  Kent,  East  Anglia,  Wessex,  and 
Sussex,  was,  at  the  beginning  of  A.  D.  664,  attached  to  the  British  Com- 
munion, and  Wessex  was  under  a  bishop,  Wini,  ordained  in  Gaul,  and 
in  communion  with  British  bishops  (Bede,  lib.  iii.,  cap.  28).  Sussex 
was  still  heathen.  So  that  Kent  and  East  Anglia  alone  remained  com- 
pletely in  communion  with  both  Rome  and  Canterbury.'  (Haddan  and 
Stubbs,  vol.  iii.  p.  106,  note.) 

•  Bede,  Hist.,  lib.  iv.,  cap.  2.  "^  Ibid.,  cap.  5. 


CHA  P.  I    FIRST  PERIOD  OF  ANGL  OS  AX  ON  CHURCH      1 1 1 

its  acceptance,  amongst  other  things,  a  resolution  to  the 
effect  '  that  the  number  of  bishops  should  be  augmented  as 
the  number  of  believers  increased.'  ^  This,  after  discussion, 
was  left  undecided ;  probably  because  it  encountered  opposi- 
tion from  the  Bishop  of  Lichfield,  who  was  present,  and  was 
known  to  be  unacceptable  to  Wilfrid  of  York  (a  man  of 
great  zeal  and  energy,  and  tenacious  of  power),  who  was 
absent,  but  represented  by  proxies.  Theodore,  however, 
did  not  relinquish  his  design.  He  procured  the  removal  ^  of 
both  those  bishops  from  their  sees ;  and  with  the  concurrence 
of  the  civil  rulers  of  Northumbria,  East  Anglia,  and  Mercia, 
he  established  in  the  north  two  new  bishoprics,  Hexham 
and  Lindisfarne,^  and  in  the  south  five  (if  not  six) — Elmham, 
Lindsey,  Hereford,  Worcester,  and  Leicester.*  Whether  he  did 
or  did  not  then  revive  the  see  of  Dorchester  in  Oxfordshire  is 
a  controverted  point.^  In  Wessex  he  did  not  himself  divide 
the  see  of  Winchester  ;  but  it  is  probable  ^  that  he  contem- 
plated its  division  after  the  death  of  the  then  bishop, 
Heddi,  who  was  his  friend,  and  who  survived  him ;  dying 
in,  or  shortly  before,  a.d.  705 ;  when  the  see  of  Sherborne 
was  established.'^  The  kingdom  of  Sussex  continued  heathen 
till  A.D.  684-86,  when  its  king  and  many  of  the  people  were 

1  Bede,  Hist.,  lib.  iv.,  cap,  5  (art.  9) ;  Haddan  and  Stubbs,  Councils ^ 
vol.  iii.  pp.  120-122. 

2  As  to  Winfrid,  the  deposed  Mercian  bishop,  see  Wharton,  Anglia 
Sacra,  vol.  i.  p.  423  ;  and  Bede,  Hist.,  lib.  iv.,  cap.  5.  As  to  Wilfrid 
of  York,  ibid.,  cap.  12  ;  and  see  \i\s>Life,  by  Eddius  (Gale,  Script.  XX., 
cap.  24-33) ;  and  Bede,  Hist.,  lib.  v.,  cap.  19. 

'  Ibid.,  lib.  iv.,  cap.  12  ;  Haddan  and  Stubbs,  vol.  iii.  pp.  125,  126. 

^  Wharton's  Anglia  Sacra,  vol.  i.  ubi  supra  (a.d.  676,  678,  679) ; 
Haddan  and  Stubbs,  vol.  iii.  pp.  127-130  ;  Bede,  Hist.,  lib.  iv.,  cap.  5  ; 
Florence  of  Worcester,  App.  ad  Chron. 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  130,  note. 

^  Ibid.,  pp.  126,  127,  note.  '  Ibid.,  pp.  267,  275,  276. 


112  ANCIENT  FACTS  AND  FICTIONS  part  h 

converted  by  Wilfrid,^  who  took  charge  of  it  at  that  time  as 
bishop;  but  it  was  not  till  a.d.  711,  after  Theodore's  death, 
that  Selsey  became  the  seat  of  a  settled  bishopric  for  that 
kingdom.  2 

The  history  thus  summarised  will  enable  any  one 
to  judge  of  the  probability  of  the  statements,  for  which 
there  .is  no  ancient  authority,  but  which  were  made  by 
chroniclers  of  later  ages,  and  have  been  repeated  by  more 
recent  writers,  as  to  the  introduction  into  England  of  what 
is  now  known  as  the  parochial  system, — by  Honorius  accord- 
ing to  some ;  according  to  others  by  Theodore ; — in  either 
case,  more  than  a  century  before  the  foundations  of  that 
system  were  laid  on  the  other  side  of  the  Channel,  by  the 
capitulars  of  Louis  the  Pious  at  Aix-la-Chapelle.^ 

The  author  of  the  tradition  ascribing  the  origin  of 
that  system  to  Honorius  appears  to  have  been  Archbishop 
Parker,  or  Josceline  his  secretary,  to  whom  Selden*  ascribed 
the  authorship  of  the  work  commonly  attributed  to  that 
archbishop ;  rightly  calling  it  a  '  History  of  the  Archbishops 
of  Canterbury ';  though  its  title  is  '.Of  the  antiquity  of  the 
Church  of  Britain.'^  It  is  not  improbable,  that  the  arch- 
bishop may  have  prepared  the  materials  for  that  work,  from 
the  great  collection  of  monastic  and  historical  manuscripts 
which  the  dissolution  in  his  time  of  the  religious  houses 
enabled  him  to  make,  and  which  he  bequeathed  to  Corpus 
Christi  College,  Cambridge;  and  that  he  may  have  employed 
in  their  arrangement  the  hand  of  Josceline,  which  is  seen  in 
marginal  and  other  annotations  on  some  of  those  manu- 
scripts, and   also   on   others   belonging   to  the  Cottonian 

*  Bede,  Hist.^  lib.  iv.,  cap.  13.         ^  Ibid.,  lib.  v.,  cap.  18. 
»  Ante,  p.  85.  •*  Hist,  of  Tithes,  ch,  9,  §  3. 

"  P'irst  published  a.d,   1572  (three  years  before  the  archbishop's 
death). 


CHAP.  I    FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      113 

collection.      The   passage   as  to  Honorius,^   in  this  work 
(whether  Parker's  or  Josceline's),  is  : 

'He  not  only  placed  bishops  over  the  Church,  as  chief 
keepers  of  its  bulwarks,  but  he  was  also  the  first  who,  dividing 
his  province  into  parishes,  appointed  ministers  unto  them 
[fieque  solum  episcopos^  ta7iquam  superiores  turrium  custodes^ 
ecclesice  superimposuit^  sed  etiam  provinciam  suam  primus  in 
Parochias  dividens.  inferiores  ministros  ordinavif)  ;  whom  also 
he  frequently  instructed  and  exhorted,  that  they  should  teach 
God's  people,  gently  and  patiently,  not  by  their  doctrine  only, 
but  also  by  the  goodness  of  their  lives  ;  knowing  that  un- 
believers are  thus  more  easily  converted,  than  by  severity  of 
reproof  or  austerity  of  manners.' 

To  the  same  source  may,  with  great  probability,  be 
traced  a  statement  to  the  same  effect  in  Stow's  Annals^  a 
work  published  soon  after  that  of  the  archbishop  or  his 
secretary.  Stow  was,  like  Josceline,  a  learned  antiquary, 
and  made  large  collections  from  ancient  documents ;  and 
Archbishop  Parker  was  his  patron.  Under  the  year  a.d. 
640  (when  Ercombert,  King  of  Kent,  is  stated  by  him  to 
have  *  first  suppressed  the  temples  of  the  idols '),  he  said  : 

*  It  is  recorded  in  the  antiquities  of  Christ's  Church  in 
Canterbury,  that  about  this  time  Honorius,  Archbishop  of 
Canterbury,  divided  his  province  into  parishes.' 

Camden,^  in  the  chapter  of  his  B?'itannia  which  relates  to 
'  the  division  of  Britain,'  has  a  passage  to  the  like  effect : 

*  As  to  the  Ecclesiastical  Government,  after  the  Bishop  of 
Rome*  had  assigned  to  each  presbyter  his  church,  and  set  them 

1  De  Antiqtiitate,  etc.,  p.  52  (ed.  1605). 

2  Page  59  (Howes'  ed.  1631).  ^  Vol.  i.  p.  ccxxviii.  (ed.  1722). 
^  It  has  been  seen,  in  the  first  part  of  this  work,  that  the  modern 

system  of  parishes,  on  the  Continent  of  Europe,  did  not  grow  up  till 
much  later. 


114  ANCIENT  FACTS  AND  FICTIONS  part  ii 

over  distinct  parishes,  Honorius,  Archbishop  of  Canterbury, 
about  the  year  of  our  Lord  636,  first  began  to  divide  England 
into  parishes,  as  we  read  in  the  Canterbury  History.' 

The  Britannia  was  published  soon  after  the  works  of 
Parker  (or  Josceline)  and  of  Stow ;  and  Camden  pur- 
chased Stow's  collections  from  ancient  manuscripts,  etc. 
Whether,  by  the  Canterbury  History^  he  meant  the  work  of 
Parker  or  Joscehne,  or  the  record  of  'the  antiquities  of 
Christ's  Church  in  Canterbury,'  to  which  Stow  referred, 
may  be  doubtful.  Bishop  Godwin,^  in  his  work  on  'the 
Bishops  of  England'  (published  a.d.  161  i),  followed  these 
authorities. 

Selden,  in  his  History  of  Tithes ^^  made  observations  upon 
these  statements,  which  (but  for  the  disposition  of  later 
writers  of  different  political  and  ecclesiastical  sentiments  to 
disregard  his  authority)  might  have  been  sufficient  to 
prevent  their  repetition  afterwards.  After  speaking  of 
the  community  of  life,  and  of  goods,  between  the  bishops 
and  clergy  in  Augustin's  time  (Honorius  had  been  one 
of  Augustin's  own  companions),  he  said  : 

*  Yet  it  is  commonly  received  that  Honorius,  about  the  year 
630,  first  divided  his  province  into  parishes.  And  in  the  late 
history  of  the  Archbishops  of  Canterbury,  written  by  Mr. 
Josceline,  it  is  thus  delivered  of  him'  (quoting  the  passage). 
'  And  according  to  this  have  some  of  our  greatest  and  most 
learned  writers  ^  related.  But  I  doubt  much  how  it  can 
stand  with  truth.  For,  if  parochice  be  here  meant  only 
for  such  as  were  assigned  limits  for  those  which  were  sent 
arbitrarily    from    the    bishop,    out    of    the    number    of    his 

^  De  PrcESuHbus,  etc.,  p.  40  (ed.  161 1). 

*  Ch.  9,  §  3.     Bishop  Kennett,  in  a.d.  1704  {Case  of  Impropria- 
tions,  p.  4)   took  the  same  view  with  Selden. 

3  Evidently  referring  to  Stow,  Camden,  and  Godwin. 


CHAP.  I    FIRST  PERIOD  OF  ANGL  O- SAXON  CHUR CH      115 

chaplains  or  his  clerus,  residing  for  the  most  part  in  those 
elder  times  with  him  at  his  bishopric,  then,  clearly,  Honorius 
was  not  the  first  that  made  division  of  them.  Such  kind 
of  parochice  are  even  near  as  ancient  as  bishoprics ;  and, 
questionless,  in  Augustin's  time.  How  could,  otherwise, 
God's  service  be  orderly  had  in  the  infancy  of  the  Church  ? 
And,  whenever  several  churches  for  Christian  service,  or  other 
places  for  holy  assemblies  began,  then  began  such  parochice.  .  .  . 
If,  on  the  other  side,  parochice  be  taken  for  what  it  is  usually 
understood,  that  is,  for  such  limits  as  now  make  parishes, 
bounded  as  well  in  regard  of  the  profits  received  from  the 
parishioners  (due  only  to  the  minister  of  that  church),  as  of 
the  incumbent's  function  and  residence, — how  will  that  stand 
with  the  community  of  ecclesiastical  profits,  and  the  bishop's 
and  his  clergy's  living  together,  that  may  be  without  much 
difficulty  discovered  also,  out  of  Bede,  to  have  continued  after 
Honorius  also  ?  But,  wherever  that  testimony  of  his  dividing 
parishes  was  first  found,  I  doubt  it  was  misunderstood,  through 
the  various  signification  of  parochia.  For,  in  those  ancient 
times,  parochia  usually  denoted  as  well  a  bishopric  or  diocese, 
as  a  less  parish.  .  .  .  And  the  truth  is,  that  it  may  be  said, 
properly  enough,  that  Honorius  was  the  first  under  whom  his 
province  was  divided  into  such  parochice  or  bishoprics  ;  that  is, 
no  other  bishoprics,  except  Canterbury,  London,  and  Rochester, 
were  in  his  province  until  his  time  ;  these  three  being  almost 
of  one  antiquity.' 

Notwithstanding  this  criticism  of  Selden,  Sir  Henry 
Spelman,^  in  his  Councils  (published  a.d.  1639)  repeated  in 
terms  Stow's  statement,  referring  expressly  to  Stow;  and 
Hume  ^  in  the  first  part  of  his  History  of  England  (^v\^\\^^^ 
A.D.  1 761)  repeated  that  of  Josceline  or  Parker.  Dr.  Lin- 
gard,^  a  more  critical  writer  than  Hume,  thought  the  tradition 
as  to  Honorius  reconcilable  with  the  statement  which  the 
editors  of  Bede,  Whelock  and  Smith,  had  extracted  from  the 

^  Concil.y  vol.  i.  p.  152  (ed.  1639). 

2  History  of  England ^  vol.  i.  p.  65  (Oxford  ed.  1826). 

^  Antiquities  of  Anglo-Saxon  Church,  vol.  i.  pp.  92,  93. 


ii6  ANCIENT  FACTS  AND  FICTIONS  part  ii 

chronicler  Elmham  as  to  Theodore ;  saying  (in  his  Antiqui- 
ties of  the  Anglo-Saxon  Churchy  pubUshed  a.d.  1806)  that — 

*  The  inconvenience  of  the  desultory  method  of  instruction 
was  soon  discovered  ;  and  Honorius  of  Canterbury  is  said  to 
have  first  formed  the  plan  of  distributing  each  diocese  into  a 
proportionate  number  of  parishes,  and  of  allotting  each  to  the 
care  of  a  resident  clergyman.^  To  Archbishop  Theodore 
belongs  the  merit  of  extending  it  to  the  neighbouring  churches, 
from  which  it  was  gradually  diffused  over  the  remaining 
dioceses.'  2 

It  is  probable,  that  no  one  will  now  be  found  to  refer 
the  origin  of  our  modern  parishes  to  Honorius;  but  it 
is  otherwise  as  to  Theodore;  though  if  such  a  ques- 
tion depended  on  modern  authority,  those  in  favour 
of  the  tradition  as  to  Honorius  are  as  weighty  as  any 
who  can  be  appealed  to  for  that  as  to  Theodore.  We 
cannot  now  verify  the  reference  of  Stow  and  Camden 
to  the  'antiquities  of  Christ  Church  in  Canterbury;'  but 
they  can  hardly  have  been  less  ancient  than  the  monastic 
chronicle  of  St.  Augustine's  Abbey  in  Canterbury,  written 
by  Thomas  of  Elmham,  a  monk  of  that  house,  in  a.d.  1414, 
724  years  after  Theodore's  death;  which  was  quoted 
from  a  manuscript  (then  in  the  library  of  Trinity 
Hall,  Cambridge,  and  published  for  the  first  time  in 
A.D.  1848  by  the  late  Archdeacon  Hard  wick)  by 
Whelock  ^  in  his  edition  of  Bede's  History^  published  a.d. 
1644,  without,  however,  mentioning  Elmham's  name;  and 
this  is  the  sole  foundation  upon  which  later  writers  have 

^  He  refers  for  this  to  Godwin  and  Spelman. 

2  He  refers  to  Smith's  Bede,  p.  189,  note ;  and  Whelock's  Bede,  p. 
399  note,  of  which  he  repeats  the  substance  as  taken  by  Whelock  from 
Elmham.  Smith's  note  follows  Whelock's  ;  naming,  however,  Elmham 
as  the  authority. 

*  Bede,  Hist.  (Cambridge  1644),  p.  399  ;  Whelock's  note. 


CHAP.  I    FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      1 1 7 

attributed   the   origin   of   modern   parishes   to   Theodore. 
Elmham^  wrote  thus : 

'  The  most  pious  Theodore,  with  the  consent  of  the  rest  of 
the  bishops  and  other  holy  fathers,  conferred  the  power  in  all 
the  cathedral  cities  of  whatever  province  {in  quarufnlibet  pro- 
vinciaru7n  civitatibus)  and  in  all  townships  {necnon  milts)  of 
building  churches  and  making  separate  Tp2ins\its(J)aroedas dtsti7t- 
guendt),  obtaining  also  for  them  the  royal  assent,  so  that  all  men 
of  sufficient  estate,  whose  devotion  led  them  to  build  churches 
in  God's  honour  upon  their  own  lands,  might  for  ever  enjoy  the 
patronage  of  those  churches ;  but  if  any  built  them  within  the 
limits  of  other  men's  lordships,  such  churches  were  to  be  in  the 
patronage  of  the  lord  of  the  land  on  which  they  were  built.' 

The  words,  '  with  the  consent  of  the  rest  of  the  bishops 
and  other  holy  fathers,'  suggest  synodical  action ;  and  we 
are  in  possession  of  the  Acts,  well  authenticated,  of  the  only 
two  synods  held  under  Theodore;  for  Bede,  who  pre- 
served these,  would  certainly  have  preserved  any  others,  if 
such  there  had  been.  The  Acts  of  the  Council  of  Hatfield  ^ 
(the  later  of  the  two),  subscribed  by  all  the  bishops  present, 
relate  to  doctrine  only.  Those  of  the  Council  of  Hert- 
ford^ (a.d.  673)  relate  to  church  government  and  discipHne; 
and  their  tendency,  so  far  from  confirming,  is  to  discredit 
Elmham's  statement.  TYiQ  vfoxd parochia  is  used  in  two* 
of  the  *  canons '  or  articles  of  that  Council;  the  one  providing 
that  no  bishop  is  to  invade  another  bishop's  diocese 
[parochiam) ;  the  other  that  no  foreign  bishop  or  clerk  is  to 
perform  any  priestly  office  without  the  permission  of  the 
diocesan  bishop  {episcopi  in  cujus  parochia  esse  cognoscitur). 
The  word^  therefore,  in  the  Acts  of  that  Council,  meant  only 
a  diocese ;  and,  as  we  have  already  seen,  one  of  the  sub- 

1  Hardwick's  ed.  (1858),  pp.  285,  286. 

2  Bede,  Hist.y  lib.  iv.  cap.  17,  18. 

*  Ibid.y  cap.  5.  ^  The  second  and  sixth. 


ii8  ANCIENT  FACTS  AND  FICTIONS  part  ii 

jects  then  discussed,  though  not  decided,  was  as  to  the 
increase  of  the  diocesan  organisation  (uf  p lures  episcopi^ 
crescente  numero  fide  Hum,  augerentur)}  In  the  other  articles 
there  is  no  hint  of  any  territorial  subdivision  of  duty  among 
the  clergy  of  the  priestly  order.  The  article  ^  which  most 
nearly  approaches  that  subject  has  a  contrary  aspect : 

*  Let  no  clerk,  leaving  his  own  bishop,  go  about  everywhere 
as  he  may  please,  or  be  received  wherever  he  may  come, 
without  commendatory  letters  from  his  own  bishop.  If,  after 
being  so  received,  he  is  unwilling  to  return,  he  who  receives 
him,  as  well  as  himself,  shall  be  liable  to  excommunication.' 

There  are  two^  articles  as  to  monasteries ;  one  of  them  is 
against  the  unauthorised  migration  of  a  monk  from  monastery 
to  monastery. 

Besides  these  synodical  Acts,  we  have  Archbishop 
Theodore's  collected  precepts,  if  the  '  Penitential,'  published 
by  Wasserschleben,*  and  the  '  second  book '  appended  to  it, 
are  really  his.  In  the  Penitential,  penances  are  prescribed 
for  monks,  priests,  and  other  clerks ;  but  nothing  is  there 
which  implies  such  a  distinction  as  that  between  parish 
priests  and  others ;  no  penalty  of  deprivation  or  suspension, 
as  distinguished  from  degradation.  The  only  article^  which 
refers  to  a  priest's  assigned  sphere  of  local  duty  (such  as 
Selden  truly  says  there  must  always  have  been)  calls  it  his 
*  province '  {provmcia\  not  parish : 

'If  any  priest,  either  in  his  own  province  or  in  another's,  or 
anywhere,  shall  be  found  guilty  of  refusing,  even  on  the  ground 
of  his  having  to  go  a  long  way,  to  baptize  a  sick  person  recom- 
mended to  him  for  that  purpose,  and  so  that  person  die 
unbaptized,  let  him  be  degraded '  {deponatur). 

1  The  ninth  article.  ^  Fifth  article.  *  Articles  3  and  4. 

*  Die  Bussordnungen  der  Abendldndischen  Kirche  (Halle  1881). 
"  Lib.  i.,  cap.  9,  §7  (Haddan  and  Stubbs,  Councils^  vol.  iii.  p.  185). 


CHAP.  1    FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      119 

There  is  also  an  article^  in  this  Penitential,  showing  that 
the  ecclesiastical  organisation  of  the  province  of  Canterbury 
(the  y^ox^  provincia  is  there  used  in  that  sense)  did  not,  in 
Theodore's  time,  admit  of  public  penances ;  and,  for  that 
reason,  there  was  to  be  no  public  reconciliation  of  peni- 
tents. 

The  'second  book'  of  the  same  compilation  contains 
chapters  on  *the  service  of  the  church,  and  its  rebuilding;'^ 
on  'the  three  principal  degrees  of  the  church;'^  on  'the 
ordination  of  divers  persons  ;'*  (which  extends  to  the  conse- 
cration of  abbots,  abbesses,  and  monks) ;  on  '  baptism  and 
confirmation;'^  on  'the  mass  of  the  dead;'^  on  'abbots 
and  monks,  or  monasteries  ;'^  (which  extends  to  the  election 
and  deprivation  of  an  abbot,  the  obligation  of  an  abbot  to 
allow  the  advancement  of  a  monk  of  his  house  to  the 
episcopate,  and  the  obligation  of  a  monk  ordained  priest  to 
return  to  the  monastery);  and  on  'various'  other ^  ecclesi- 
astical 'questions.'  Not  one  of  the  articles,  in  any  of  those 
chapters,  deals  with  the  position  or  duties  of  a  parish 
priest,  or  implies  that  a  definite  office  and  charge  of  that 
kind  then  existed. 

Two  recent  writers  who  have  accepted  Elmham's  state- 
ment as  evidence  of  the  formation  of  parishes  of  the 
modern  sort  by  Theodore  —  Mr.  Soames^  and  Dean 
Hook^^ — have  embellished  that  statement  by  some  addi- 
tions ;  such  as,  that  the  institution  was  founded  on  some- 
thing similar,   with  which  Theodore   'had   been   familiar 

^  Lib.  i.,  cap.  13,  §  4  (Haddan  and  Stubbs,  Councils ^  vol.  iii.,  p. 
187).  2  Jli^^^  p^  igo. 

3  Ibid,,  p.  191.  *  Ibid.,  p.  192.  ^  Ibid.,  p.  193. 

®  Ibid.,  p.  194.  ^  Ibid.,  p.  195.  8  J^d^^  pp,  202,  203. 

^  History  of  Anglo-Saxon  Church  (2nd  ed.  1838),  vol.  i.  p.  119. 
^"  Lives  of  Archbishops  (3rd  ed.  1875),  vol.  i.  p.  152. 


I20  ANCIENT  FACTS  AND  FICTIONS  part  ii 

in  the  Greek  Church;'  that  it  was  'an  oriental  system,' 
following  the  principle  of  laws  enacted  by  the  Emperor 
Justinian.  Mr.  Soames  saw,  in  the  mere  fact  of  the  con- 
secration of  two  noblemen's  churches  by  John,  a  northern 
bishop  of  that  time,  which  Bede  mentions  (and  I  see  no 
reason  to  doubt  that  there  were  at  the  same  time  other 
such  churches,  built  by  other  private  landowners  on  their 
own  estates),  evidence  that  '  this  judicious  policy  had '  (in 
those  cases)  '  proved  effective ; '  though  he  added,  *  that  the 
system  had  been  in  operation  for  ages  before  every  English 
estate  of  any  magnitude  had  secured  the  benefit  of  a  church 
within  its  boundary;'  and  that  'this  very  lingering  process 
has  thrown  much  obscurity  around  the  origin  of  parishes.* 
It  might  have  been  supposed,  by  a  reader  unacquainted 
with  Bede's  text,^  that  there  was  in  Bede  some  reference 
to  the  'judicious  policy'  ascribed  to  Theodore,  or  some- 
thing in  Bede's  narrative  of  the  consecration  of  those 
churches  to  connect  them  with  territorial  arrangements 
identical  with,  or  similar  in  principle  to,  those  of  parishes,  in 
the  modern  sense  of  that  word.  But  it  is  not  so.  They 
were  instances  of  consecrated  oratories,  built  by  Northum- 
brian noblemen  on  their  estates,  and  nothing  more.  There 
is  nothing,  in  Bede's  mention  of  them,  by  which  they  could 
be  distinguished  from  the  churches  of  that  class,  which 
were  common  under  the  Frank  kingdom  and  empire  before 
the  introduction  of  the  parochial  system.  The  silence 
of  Bede,  who  devoted  a  considerable  space  in  his  History 
to  the  acts  of  Theodore,  appears  to  me  to  be  strong  nega- 
tive proof  that  no  such  novelty  in  the  organisation  of  the 
Church  as  Elmham  ascribed  to  him  was  introduced 
by  that  prelate. 

^  Ilist.,  lib.  v.,  capp.  4,  5. 


CHAP.  I     FIRST  PERIOD  OF  ANGL  OS  AXON  CHUR  CH      121 

Lappenberg  ^  appears  to  have  thought  that  '  the  earliest 
parish  churches'  in  England  were  'first  erected  in  the 
south,  under  Archbishop  Theodore ;  and  about  a  century 
later,  that  is,  before  and  during  the  time  of  Egbert,  Arch- 
bishop of  York,  in  the  northern  parts  of  England.'  I  shall 
not  here  consider  what  was  done  in  the  eighth  century  ;2 
but  for  Lappenberg's  distinction  between  the  north  and  south 
there  is  no  warrant.  The  two  instances  mentioned  by  Bede,^ 
on  which  Mr.  Soames  laid  stress,  were  in  the  north  (in 
Yorkshire),  not  in  the  south.  Mr.  Haddan  and  Bishop 
Stubbs  say  ^  that  there  *  were  no  settled  parishes  in  North- 
umberland in  the  time  of  Cuthbert,  a.d.  670 ;  nor  in  the 
beginning  of  Egbert's  pontificate,  a.d.  734.'  Elmham,  on 
whom  alone  the  tradition  rests,  makes  no  such  distinction ; 
and,  as  to  some  churches  on  the  coast  of  Essex  (to  which 
Bede's  statement^  that  Cedda  'set  up  churches,  and  ordained 
priests  and  deacons  for  them  in  some  places  among  the 
East  Saxons,'  relates),  Lappenberg^  himself  thinks  that  they 
were  similar  to  four  baptismal  churches  founded  in  Holstein, 
soon  after  its  conversion,  by  the  Anglo-Saxon  Willehad, 
^fro7?i  tJie  districts  of  which  the  later  parochial  division  was 
established.^  That  the  modern  parochial  system  may  have 
been  developed  by  some  modification  and  adaptation  of  the 
principle  on  which  districts  were  assigned  to  the  old  bap- 
tismal churches,  I  have  myself  suggested,  in  the  former  part  of 
this  work  -^  and  it  is  not  to  be  doubted  that  the  churches  of 
the  great  monasteries  which  were  founded  in  England  in 

*  History  of  England  under  the  Anglo-Saxon    Kings   (Thorpe's 
translation,  1845),  vol.  i.  p.  196. 

2  See  post,  p.  129.  ^  Hist.,  lib.  v.,  capp.  4,  5. 

*  Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  122,  note. 

^  Hist.,  lib.  iii.,  cap.  22.         ^  Ubi supra,  p.  197.         ^  Ante,  p.  61. 


122  ANCIENT  FACTS  AND  FICTIONS  part  ii 

and  shortly  before  Theodore's  time  were  baptismal  churches, 
similar  (generally)  to  those  of  the  Continent.  But,  although 
the  parish  system  may  have  been  a  development,  springing 
out  of  the  older  system  of  baptismal  churches,  it  is  never- 
theless very  remote  from  the  truth  to  describe  the  two 
systems  as  the  same. 

My  conclusion  is,  that  Mr.  Haddan  and  Bishop  Stubbs 
were  certainly  right,  when  they  set  aside  Elmham's  statement 
(as  Selden  set  aside  those  of  Josceline  or  Parker  and  Stow), 
as  having  grown  'out  of  a  confusion  between  the  ancient 
and  modern  senses  of  the  word  parochia.  'Theodore,'^ 
(they  say) '  who  certainly  constituted  dioceses, — the  identical 
dioceses,  with  a  few  exceptions  and  subdivisions,  that  exist 
at  the  present  day,  —  may  have  been  thence  inferred  to 
have  constituted  parishes.'  The  conception  of  the  modern 
parochial  system  is  unsuitable  to  any  other  than  a  settled 
church,  in  a  settled  country.  The  completion  of  the 
diocesan  system  must  come  first.  That  was  Theodore's 
work.  The  country  was  unsettled.  Mercia  had  been  con- 
verted only  just  before  the  commencement  of  his  primacy. 
Northumbria  and  Essex  had  very  recently  required  re- 
conversion from  relapses  into  heathenism ;  and,  in^  those 
cases,  the  work  had  been  done  by  missionaries  of  the  British 
and  not  of  the  Anglo-Saxon  Church.  Sussex  ^  was  not  con- 
verted until  Theodore's  own  time  \  this  also  was  done,  not 
by  any  regular,  but  by  an  irregular  missionary  effort.  It  is 
not  reasonable  to  believe,  on  evidence  no  better  than  the 
statement  of  a  monk  of  the  fifteenth  century  (who,  if  he  had 

1  Haddan  and  Stubbs,  Councilsy  vol.  iii.  p.   122,  note.     (See  also 
ibid,  p.  114,  note.) 

2  Ibid.^  pp.  91,  93,  94,  96,  109  (from  Bede). 
"  Ihid.^  P-  167  (from  Bede). 


CHAP.  I    FIRST  PERIOD  OF  ANGLO-SAXON  CHURCH      123 

access  to  Canterbury  records,  may  have  honestly  misunder- 
stood them,  as  Josceline  and  Stow  did  in  the  succeeding 
century),  that  Theodore  anticipated,  under  circumstances  so 
Httle  suggestive  of  them,  developments,  which  in  older 
Churches  of  the  Continent  were  reserved  for  a  later  age. 


CHAPTER    II 

SECOND   PERIOD BEDE,  BONIFACE,  ARCHBISHOPS  CUTHBERT 

AND    EGBERT;    KINGS    INA,    WIHTRAED,    OFFA 

§  I.  Introductory 

The  primacy  of  Theodore  introduced  a  new  era  in  the 
Anglo-Saxon  Church.  By  him  the  metropohtan  authority 
was  firmly  established;  the  diocesan  organisation  was  all 
but  completed;  the  practice  of  holding  national  synods 
was  introduced.  Under  him,  and  his  coadjutor  Abbot 
Adrian,  schools,  not  of  ecclesiastical  only  but  of  classical 
learning,  were  successfully  planted  in  the  great  religious 
houses,  which,  during  and  just  before  that  time,  began  to 
arise.  Canterbury,'^  York,  Peterborough,^  Malmesbury,^ 
Abingdon,*  Wearmouth,^  Glastonbury,^  Evesham,^  and 
Crowland,^  became  centres  of  light  to  the  Church,  and  to 
people  of  all  ranks  cities  of  refuge,  fortresses  of  humanity 
and  civilisation.  It  was  in  Theodore's  time  that  Bede, 
a  child  seven  years  old,  was  placed  under  the  care  of 
the  first  Abbot  of  Wearmouth;  there,  or  in  the  affiliated 
monastery   of  Jarrow,    he    received   his   education.     Ald- 

^  There  was  a  school  at  Canterbury  as  early  as  the  time  of  Honorius 
{Bede,  lib.  iii.  i8). 

2  Founded  about  a.d.  650.      »  About  a.d.  675.      ^  About  A.D,  675. 

^  Founded,  about  a.d.  673,  by  Benedict  Biscop,  who  came  with 
Theodore  from  Rome,  and  was  for  some  time  Abbot  of  Canterbury. 

*  Anglo-Saxon  foundation  (there  had  been  an  earlier  British)  about 

A.D.  680.  ^  A.D.  709.  ^  A.D.  716. 


CHAP.  II     SECOND  PERIOD  ANGLO-SAXON  CHURCH      125 

helm,^  the  first  Bishop  of  Sherborne  (whom  Lappenberg 
and  others  have  regarded  as  Bede's  equal  in  scholarship, 
and  his  superior  in  practical  wisdom),  was  a  pupil  in 
the  schools  of  Malmesbury  and  Canterbury.  These  men, 
and  others  like  them,  handed  on  the  lamp  of  learning 
to  Egbert,  Prince -Archbishop  of  York,  Alcuin's  teacher, 
and  founder  of  the  famous  library  at  York  which  Alcuin 
has  celebrated  in  verse, ^  where  were  found  the  works  of 
Aristotle,  Cicero,  Pliny,  Virgil,  and  Lucan,  as  well  as  a  large 
store  of  ecclesiastical  literature.  The  Anglo-Saxon  Church 
stood  no  longer  in  need  of  foreign  rulers ;  from  the  death 
of  Theodore  to  the  Conquest  it  was  governed  in  both  pro- 
vinces by  native  prelates,  and  acquired  a  national  char- 
acter. Its  light  and  influence  extended  to  the  continent 
of  Europe,*'^  where  the  Galilean  and  other  Churches  had  for 
a  short  time  fallen  behind  it  in  the  race.  Early  in  the 
eighth  century  it  sent  missionaries  to  the  pagan  races  of 
Friesland  and  other  parts  of  Germany,^  the  greatest  of  whom 
was  Boniface.  It  gave  Alcuin  to  the  Frank  kingdom,  to 
be  the  restorer  of  letters  in  France,  and  the  instructor, 
minister,  and  friend  of  the  hero  of  the  age.     The  writings 

^  See  his  Life,  by  William  of  Malmesbury  (reprinted  in  Wharton's 
Anglia  Sacra^  vol.  ii.  pp.  1-49).  See  also  Hook,  Lives  of  Archbishops, 
vol.  i.  p.  180. 

2  William  of  Malmesbury,  Gesta  Regum  (Hardy's  ed.  1840),  p.  93; 
and  see  Hook's  Lives  of  Archbishops  (3rd  ed.),  vol.  i.  pp.  165,  166. 
Archbishop  Egbert  was  brother  to  one  of  the  Kings  of  Northumbria, 
who,  after  an  honourable  reign  of  some  years,  retired  and  adopted  the 
monastic  life. 

^  See  Alcuin's  verses  (a.d.  793)  in  Haddan  and  Stubbs,  Coutuils, 
vol.  iii.  p.  478 ;  King  Alfred's  Preface  to  his  translation  of  Pope 
Gregory's  Pastoral  (Wise's  edition  of  Asser,  Oxford  1722,  pp.  87-90) ; 
Wasserschleben,  Preface  to  Bussordnungen,  etc.,  p.  iv. 

*  See  Hook,  Lives  of  Archbishops y  vol.  i.  (3rd  ed.)  pp.  235-237; 
Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.  302,  303,  etc. 


126  ANCIENT  FACTS  AND  FICTIONS  part  ii 

of  Anglo-Saxon  scholars  and  divines,  from  Theodore 
downwards,  became  (probably  by  Alcuin's  means)  well 
known  to  and  highly  esteemed  by  Continental  Churches. 

§  2.  Monastic  Baptismal  Churches. 

I  postpone  the  subject  of  tithes  (which  in  this  second 
period  does  not  emerge  till  towards  its  close)  to  deal  first 
with  the  question,  whether  there  were  parishes,  of  the 
modern  sort,  in  England  during  the  eighth  century  ?  There 
is  evidence  in  my  judgment  sufficient  to  justify  the  conclu- 
sion that  there  were  not.  As  on  the  Continent  '  baptismal 
churches,'  generally  conventual,  were  an  institution  inter- 
mediate, in  order  of  time  as  well  as  in  ecclesiastical  func- 
tions, between  dioceses  and  parishes  of  the  modern  sort,  so 
in  England  were  the  monasteries  ^  of  canons  or  monks,  and 
their  churches.  It  was  upon  these  (which  included  cathe- 
dral churches)  that  the  administration  of  the  offices  of 
religion  to  the  lay  people  practically  depended  during  the 
eighth  century,  and  for  a  considerable  time  afterwards. 

Of  laws,  during  the  primacy  of  the  first  Saxon  arch- 
bishop, Brihtwald  (a.d.  693-731),  we  have  the  code  of  Ina  in 
Wessex  (about  a.d.  690),  and  of  Wihtraed  in  Kent  (about 
A.D.  694).  Under  the  three  next  primates,  Tatwine, 
Nothelm,  and  Cuthbert  (a.d.  731-758),  we  have  the  letters 
of  Boniface  and  Bede,  and  the  Acts  of  the  Provincial  Synod 
of  Cloveshoo,  held  under  Archbishop  Cuthbert  in  a.d.  747. 
All  these  contain  evidence — direct  or  indirect,  scanty  or 
full — of  the  actual  state  of  things  \  and  neither  there,  nor 
in  any  other  part  of  the  ecclesiastical  literature  of  that  time 
which  has  been  preserved  to  us,  is  there  any  trace  of  a 

^  Lappenberg  (Thorpe's  translation,  1845,  pp.  191-195). 


CHAP.  II     SE  COND  PERIOD  ANGL  OS  AXON  CHUR  CH      127 

parochial  system,  or  of  the  existence  of  parishes,  in  the 
modern  sense.  Whenever  the  word  parochia  is  used,  it  is 
for  a  diocese,  not  a  parish ;  not  even  (as  far  as  I  have  been 
enabled  to  observe)  for  any  district  of  which  a  baptismal 
church,  other  than  the  cathedral  of  the  diocese,  may  have 
been  the  immediate  ecclesiastical  centre. 


§  3.  Secular  Laws, 

The  laws  of  Ina,^  King  of  Wessex,  were  made  (about 
A.D.  690)  in  a  witenagemot  of  that  kingdom,  at  which 
the  two  bishops  whose  sees  were  then  subject  to  Ina's 
dominion  (Winchester  and  London)  were  present.  Some 
of  these  relate  to  ecclesiastical  subjects ;  but  there  is  only 
one  which  bears,  even  indirectly,  upon  the  question  of 
territorial  organisation.  That  is  the  sixth  article,  '  Of  Fight- 
ing.^'^  It  imposes  penalties  on  those  who  fight  in  different 
places — the  king's  house ;  a  minster  (mynstre) ;  an  ealdor- 
man's  house,  or  the  like ;  a  land-renter's  or  boor's  house ;  in 
a  field,  or  at  a  feast ; — graduated  according  to  the  character 
of  the  place.  A  '  minster '  must  here  mean  a  monastery,  or 
a  monastic  church ;  and,  from  the  absence  of  any  penalty 
for  fighting  in  any  other  consecrated  building,  it  may  be 
inferred  that  all  the  churches  then  in  existence,  or,  at  all 
events,  all  the  public  churches,  as  to  which  public  legisla- 
tion was  thought  necessary,  were  of  that  character. 

Another  famous  enactment,  in  favour  of  the  Church, 
was  the  '  grant  of  privileges '  by  Wihtraed,^  King  of  Kent 
(about  A.D.  694),  in  a  Kentish  witenagemot,  at  which  both 

^  Thorpe's  Ancient  Laws  and  Institutes,  vol.  i.  p.  102. 
2  Ibid.,  p.  107. 

'  Anglo-Saxon  Chronicle;  sub  a.d.  694  (see  Haddan  and  Stubbs, 
Councils,  vol.  iii.  pp.  238-246). 


128  ANCIENT  FACTS  AND  FICTIONS  part  ii 

the  Kentish  prelates,  the  Archbishop  and  the  Bishop  of 
Rochester,  were  present.  In  the  preamble  they  are  said  to 
have  treated  of,  and  anxiously  examined  into,  '  the  state  of 
the  churches  of  God  or  monasteries  in  Kent,'  of  which  the 
king's  predecessors  or  near  relatives  were  founders.  All 
kings,  princes,  and  other  laymen  were  by  that  law  forbidden 
to  usurp  /dominion  over  any  church  or  family  of  a  mon- 
astery' (alicujus  ecclesice  vel  familice  monasterii  dominium)  so 
founded ;  the  exclusive  right  to  fill  vacancies  in  the  office 
of  abbot  or  abbess  was  reserved  to  the  diocesan  bishop 
{propricB  parochice  episcopus)\  it  was  declared  to  be  for  the 
metropolitan  bishop  '  to  govern  the  churches  of  God,  and  to 
choose,  appoint,  ordain,  establish,  and  correct  {ammonere) 
abbots,  abbesses,  priests,  deacons,  so  that  no  one  of  the 
sheep  of  the  Eternal  Shepherd  might  be  lost';  and  it  was 
immediately  added,  that  '  this  precept  is  for  the  monasteries 
whose  names  follow:  Upminster,  Reculver,  Southminster, 
Dover,  Folkestone,  Lyminge,  Sheppey,  and  Hoo.' 

Exemptions  from  public  burdens  were  by  the  same 
law  granted  to  the  cathedral  churches  of  Canterbury  and 
Rochester. — It  is  at  least  a  reasonable  inference  that  these 
were,  at  that  time,  all  the  public  churches  in  the  kingdom 
of  Kent,  on  which  'the  sheep  of  the  Eternal  Shepherd,'^ 
in  that  kingdom,  were  dependent  for  pastoral  care. 

§  4.  Letters  of  Boniface. 

In  the  letters  of  Boniface  (then  Archbishop  of  Mentz) 
to  the  English  Church,  and  to  Archbishop  Cuthbert,  there 
is  little  which  has  a  direct  bearing  on  English  church  organ- 
isation, but  much  as  to  abuses  connected  with  monasteries. 

^  *Ne  quis  ovis  de  ovibus  (jeterni  pastoris  erret '  (Haddan  and  Stubbs, 
Councils^  vol.  iii.  p.  239). 


en  A  p.  II     SECOND  PERIOD  ANGL  OS  AXON  CHUR  CH      1 29 

That  to  the  English  Church  generally^  (written  probably 
before  a.d.  741)  has  an  address,  to  all  the  then  known 
orders  and  degrees  of  ecclesiastics :  '  To  all  the  most 
reverend  bishops,  the  venerable  white -robed  members 
of  the  presbyterate  {venerabilibus  presbyteratus  candidatis\ 
the  deacons,  canons,  clerks,  the  true  flock  of  Christ,  prelates, 
abbots,  and  abbesses,  the  most  humble  monks,  servants 
of  God,  virgins  consecrated  and  devoted  to  God,  and  all 
other  the  maidens  of  Christ,  and  generally  all  Catholics 
fearing  God,  of  the  English  stock  and  race.'  Of  the  rank  or 
office  of  parish  priest  there  is  here  no  indication.  In  his 
letter  to  Archbishop  Cuthbert,^  the  yiord  parochia  is  used 
as  to  the  bishop's  diocese,  which  he  ought  to  visit  once  a 
year,  and  as  to  nothing  else. 

§  5.  Bed^s  Letter  to  Archbishop  Egbert. 

Lappenberg,^  on  grounds  which  do  not  support  his 
inference  from  them,  treated  Bede  as  an  authority  for  the 
opinion  that  parish  churches  were  *  first  erected  before 
and  during  the  time  of  Egbert,  Archbishop  of  York,  in  the 
northern  parts  of  England ' : 

'  St.  Cuthbert,  Abbot  of  Melrose,  wandered  from  place  to 
place  to  confirm  and  animate  believers  by  his  preaching ;  yet, 
when  Bede  subjoins  to  this  narrative  that  such  was  the  custom 
of  the  clergy  at  that  titne^  it  would  follow,  that  in  his  own  days 
the  case  was  otherwise  in  those  northern  parts.' 

I  am  far  from  clear  (considering  what  we  know  to  have 
been  Bede's  opinion  as  to  the  corruption  and  degeneracy 
of  many  of  the  northern  clergy  between  the  time  of  St. 
Cuthbert's  preaching  and  that  at  which  he  wrote),  that  the 

^  Haddan  and  Stubbs,  Councils ^  vol.  iii.  p.  313.         ^  Ibid.,  p.  376. 
5  History  of  England,  etc.  (Thorpe's  translation),  vol.  i.  pp.  196,  197. 

K 


I30  ANCIENT  FACTS  AND  FICTIONS  part  ii 

conclusion  would  legitimately  follow,  if  the  premiss  had 
been  correct.  But  Bede^  did  not  subjoin  to  his  account 
of  St.  Cuthbert's  preaching,  '  that  such  was  the  custom  of 
the  clergy  at  that  time.'     The  passage  is  this  : 

'  He  was  wont  often  to  leave  his  monastery,  sometimes  on 
horseback,  but  more  frequently  on  foot,  and  to  go  to  the 
surrounding  townships  and  preach  to  wanderers  the  way  of 
truth.  .  .  .  For  indeed  it  was  at  that  time  the  manner  of  the 
English  people  {erat  quippe  moris  eo  tempore  populis  An- 
glorton)  all  to  collect  together,  when  a  clerk  or  priest  came 
into  their  township,  at  his  call,  to  hear  the  Word  ;  and  to  hear 
gladly  those  things  which  were  spoken  to  them ;  and,  still 
more  gladly,  to  put  in  practice  those  things  which  they  could 
hear  and  understand.' 

He  added,  that  St.  Cuthbert  went  chiefly  to  the  poorest 
places,  and  those  which  were  far  away  in  rough  and  high 
mountain  districts,  'a  horror  generally  to  other  men.' 

Bede,  therefore,  spoke  of  the  *  custom  at  that  time,'  not 
of  the  clergy,  but  of  those  to  whom  they  preached ;  and  if 
there  be  an  implied  comparison  with  his  own  later  time,  it 
was  not  that  the  people  had  now  the  benefit  of  a  settled 
ministry,  under  a  different  system,  but  that  they  were  less 
desirous  of  hearing,  and  less  attentive  in  practice  to  what 
they  heard. 

If  Bede  had  written  as  Lappenberg  represented  him,  and 
if  Lappenberg's  inference  were  sound,  it  would  prove  too 
much ;  viz.  that  so  many  parish  churches  existed  in  Bede's 
time,  as  to  have  superseded,  in  the  northern  province,  the 
need  for  itinerant  preaching,  even  in  wild  and  outlying 
places,  according  to  the  older  custom.  This  Lappenberg 
himself  evidently  did  not  think.  He  referred,  in  a  note,  to 
Bede's  letter  to  Archbishop  Egbert ;  ^  but  that  letter,  written 

^  Hist.^  lib.  iv.,  cap.  27. 
^  Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.  314-325. 


CHAP.  II     SECOND  PERIOD  ANGL  OS  AXON  CHURCH      1 3 1 

in  the  last  year  of  Bede's  life,  is  far  from  supporting,  and 
really  repels  his  inference  from  the  passage  in  the  History. 
It  is  a  document  of  great  interest,  for  the  light  which  it 
throws  on  the  state  of  the  Northumbrian  Church  at  that 
time,  and  also  upon  the  character  of  the  writer  and  his 
correspondent.  Egbert  had  just  been  made  archbishop; 
he  had,  according  to  tradition,  been  the  pupil,  and  appears 
plainly  by  this  letter  to  have  been  the  friend,  of  Bede.  The 
letter  is  full  of  advice — which  might  be  called  fatherly  but 
for  the  rank  of  the  person  addressed — to  the  archbishop  per- 
sonally, as  to  the  conduct  and  demeanour  befitting  his  high 
office,  and  also  as  to  the  affairs  and  wants  of  the  Church. 

Bede  suggested  to  the  archbishop  to  follow  the  example 
of  the  Apostles  Paul  and  Barnabas,  who,  wherever  they 
went,  as  soon  as  they  entered  into  cities  or  synagogues, 
preached  the  Word  of  God.-  This  (he  said)^  'is  the  work 
to  which  you  are  called,  and  for  which  you  were  consecrated.' 

*And  this  you  will  do  if,  wherever  you  go,  you  collect 
round  you  the  inhabitants  of  the  place,  and  deliver  to  them  the 
word  of  exhortation,  and  also,  as  a  leader  in  the  heavenly  war- 
fare, with  all  who  come  with  you,  set  them  an  example  of 
good  living.' 

'  And  since  the  places  which  belong  to  the  government  of 
your  diocese  occupy  too  wide  a  space  to  make  it  possible  for 
you  alone  to  go  through  them  all,  and  preach  the  Word  of 
God  in  each  of  the  smaller  villages  and  hamlets  {solus  per 
omnia  discurrere,  et  in  singulis  viculis  atque  agellis  verbum 
Dei  prcedicare),  even  in  the  course  of  a  whole  year,  it  is 
necessary  that  you  should  associate  with  yourself  many  helpers 
in  this  holy  work,  by  appointing  priests  and  teachers  to  go 
through  all  the  villages,  constantly  preaching  the  Word  of 
God,  and  consecrating  the  heavenly  mysteries,  and  especially 
administering  the  office  of  holy  baptism,  as  opportunity  may 
be  found.' 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.  315,  316,  §§  2,  3. 


132  ANCIENT  FACTS  AND  FICTIONS  part  ii 

He  then  advised  that  those  preachers  should  teach  all  the 
people  the  Apostles'  Creed,  and  the  Lord's  Prayer,  in  the 
vulgar  tongue ;  not  laymen  only,  '  but  also  clerks  and  monks 
who  do  not  know  Latin.' 

A  little  further  on  ^  he  said  : 

*  We  have  heard,  and  it  is  commonly  reported,  that  many 
townships  and  villages  of  our  nation  are  situated  among  moun- 
tains hard  of  access  or  in  thorny  woodlands,  where  for  many 
years  past  no  bishop  has  been  seen,  to  confer  any  of  the  gifts 
of  the  heavenly  ministry ;  and  yet  no  man  there  can  be  free 
from  the  payment  of  dues  to  the  bishop  ;  nor  is  the  destitution 
of  those  places  confined  to  the  want  of  a  bishop  to  confirm  the 
baptized  by  laying -on  of  hands  ;  they  have  no  teacher  to 
instruct  them  in  the  true  faith,  or  in  the  difference  between 
right  and  wrong.' 

These  evils  he  exhorted  the  archbishop  to  correct  to 
the  best  of  his  power;  and  expressed  his  belief  that  in 
so  doing  he  would  be  supported  by  Ceolwulf,  then  King 
of  Northumbria;  suggesting  that  the  king  should  be  ex- 
horted to  put  the  ecclesiastical  state  of  his  people  on  a 
better  footing  than  it  had  ever  yet  been,  which  he  thought 
could  only  be  accomplished  by  an  increase  in  the  number 
of  bishops.  He  referred  to  Pope  Gregory's  desire,  that 
twelve  suffragan  bishops  should  be  consecrated  for  the  pro- 
vince of  York,  and  urged  the  archbishop  to  fulfil  it  (not- 
withstanding difficulties  arising  from  improvident  grants  of 
public  land  by  former  kings),  by  erecting  a  sufficient  num- 
ber of  monasteries  into  episcopal  sees.^ 

He  then  proceeded  to  speak^  of  abuses  prevailing  in  many 
of  the  monastic  houses  of  the  province  {quibus  nostra  pro- 
vincia  viiserrime  vexatur\^  and  reminded  the  archbishop  that 

^  Iladdan  and  Stubbs,  Councils,  vol.  iii.  p.  417,  §  4. 
2  Ibid.,  pp.  318,  319,  §  5.      »  Ibid.,  pp.  319-322,  §§  S-8. 
*  Ibid.,  end  of  §  7,  p.  322. 


CHAP.  II    SECOND  PERIOD  ANGLO-SAXON  CHURCH      133 

it  belonged  to  his  office  to  look  carefully  into  all  that  was 
done,  right  or  wrong,  in  the  monasteries  of  his  diocese  {in 
singulis  monasteriis  tuce  parocht(B).  After  dwelling  much  on 
this  topic,  he  returned^  to  that  with  which  he  began : 

*  Of  those,  too,  who  are  still  living  in  the  world,  it  is 
needful  for  you  to  have  care,  as  was  said  in  the  outset  of 
this  epistle  :  you  should  send  to  them  sufficient  teachers  of  the 
life  by  which  they  may  be  saved,  and  make  them,  among 
other  things,  learn  by  what  works  they  may  most  please  God, 
from  what  sins  those  who  desire  to  please  God  must  abstain, 
with  what  sincerity  they  must  believe  in  God,  with  what  devo- 
tion they  must  pray  for  the  Divine  mercy,  how  diligently 
they  should  strengthen  themselves  against  the  wiles  of  unclean 
spirits  by  the  sign  of  the  Lord's  cross,  how  salutary  to  all 
Christians  is  the  daily  partaking  of  the  Body  and  Blood  of  the 
Lord,  according  to  the  constant  practice  of  the  Church  of 
Christ  in  Italy,  Gaul,  Africa,  Greece,  and  throughout  the  East.' 

And  he  complained,  that,  through  the  negligence  of 
those  who  ought  to  teach  them,  this  sort  of  religion  was 
a  thing  so  far  from  and  foreign  {peregrinum)  to  nearly  all 
the  laity  of  the  province,  that  even  the  more  religious  only 
communicated  at  the  three  feasts  of  Christmas,  Epiphany 
and  Easter;  although  there  were  many  persons  of  pure 
life,  of  both  sexes,  old  and  young,  fit  (if  they  were  but 
properly  instructed)  to  communicate  on  every  Lord's  Day 
and  at  other  festivals. 

The  tenor  of  this  letter  appears  to  me  to  be  very  ad- 
verse to  the  supposition,  that  the  parochial  system  had  been 
in  Bede's  time  introduced  even  partially  in  the  Northum- 
brian province. 

§  6.  Archbishop  Cuthberfs  Canons. 

As  to  the  south,  the  evidence  of  the  synod  held  under 
Archbishop  Cuthbert  in  a.d.  747  ^  is  not  less  strong. 
^  Haddan  and  Stubbs,  Councils^  vol.  ill.  p.  323,  §  9.         ^  /^^v/.^  p,  ^^q. 


134  ANCIENT  FACTS  AND  FICTIONS  rAiiT  ii 

How  far  the  'canons'  (as  they  are  called)  of  that  synod 
may  have  been  founded  on  suggestions  made  by  Pope 
Zacharias,  from  whom  a  letter^  was  read  at  the  opening 
of  the  proceedings,  it  is  impossible  to  say.  There  are 
various  matters  as  to  which  adherence  to  the  Roman 
usage  is  enjoined,^  probably  in  consequence  of  those 
suggestions;  but  there  is  much,  which  does  not  speak 
a  foreign  origin.  As  I  have  said  of  Bede's  letter,  so  I  say 
of  those  'canons,'  that  they  are  extremely  interesting;  they 
breathe  a  genuine  Christian  spirit,  and  leave  a  favourable 
impression  of  the  virtues  of  Archbishop  Cuthbert. 

At  that  synod,  besides  the  primate,  eleven  suffragans  of  the 
province  of  Canterbury  were  present.  I  shall  refer  to  those 
only  of  its  canons  which  bear  upon  my  immediate  subject. 

The  third ^  directed  a  visitation  of  his  diocese  {parochiam 
suam)  by  every  bishop,  in  every  year ;  he  was  to  call  before 
him,  at  convenient  places,  the  people  of  all  conditions,  and 
both  sexes,  and  publicly  to  teach  them  'as  those  who 
seldom  hear  the  Word  of  God '  {titpote  eos^  qui  raro  audiunt 
verbum  Dei) ;  warning  them  particularly  against  certain 
heathen  superstitions. 

The  fourth*  enjoined  the  bishops  to  admonish  the 
abbots  and  abbesses  of  their  dioceses  {episcopi  in  suis 
parochiis  abbates  atque  abbatissas  moneant)  properly  to  per- 
form their  duties.  Other  ^  canons  also  related  to  religious 
houses  and  their  inmates. 

The  canons  which  relate  to  priests^  iiTiply,  not  that  they, 

^  Not  now  extant.  ^  Canons  13,  15,  16  (Haddan  and  Stubbs, 

Councils,  vol.  iii.  pp.  367,  368).        ^  /bid.,  p.  363.        ■*  Ibid.,  p.  364. 

°  The  fifth,  seventh,  nineteenth,  twentieth,  twenty-eighth,  and 
twenty-ninth  {ibid.,  pp.  364,  368,  369,  374). 

^  The  sixth,  eighth,  ninth,  tenth,  eleventh,  and  twelfth  [ibid.,  pp. 
364,  36s.  366). 


CHAP.  II     SECOND  PERIOD  ANGLO-SAXON  CHURCH      135 

or  any  of  them,  were  or  might  be  in  charge  of  country 
parishes,  but  that  they  belonged  to  conventual  establish- 
ments. Thus,  in  the  eighth  ^  (entitled,  '  That  priests 
attend  carefully  to  the  duty  of  their  office^)^ — after  mention- 
ing the  service  of  the  altar,  the  care  of  the  church  {ora- 
toi^ii  doniuni)  and  its  accessories,  reading,  prayer,  masses, 
and  psalm-singing,  it  is  added  :  '  and  to  give  aid,  whenever 
need  may  be,  diligently  and  faithfully  to  their  abbots  or 
abbesses.^  By  the  fourteenth  ^  (as  to  '  the  honour  and  obser- 
vance of  the  Lord's  Day'),  'all  abbots  and  priests  were 
required  to  remain,'  on  the  Lord's  Day,  '  in  their  own  mon- 
asteries and  churcheSy^^  without  travelling,  etc.,  unless  for 
some  necessary  cause,  and  to  preach  to  the  inmates  or 
dependents  of  each  house  (subjectis  famulis). 

By  the  fifteenth,*  they  were  ordered  to  perform  the 
offices  and  sing  the  appointed  hymns  for  all  the  canonical 
hours  of  day  and  night,  '  so  as  to  follow  everywhere  the 
same  rule  of  monastic  psalmody '  {monaster ialis  psalmodies 
parilitatem) ;  and  to  pray,  *  ecclesiastics  or  monks '  {ecdesi- 
astici  sive  pionasteriales\  not  for  themselves  only,  but  also 
for  their  kings  and  the  whole  Christian  people.  The 
seventeenth  canon  ^  provided  for  the  observance  of  certain 
days,  in  commemoration  of  Pope  Gregory  the  Great,  and 
Augustin  of  Canterbury,  as  holy  days,  *  by  ecclesiastics  and 
monks '  {ab  ecdesiasticis  et  monasterialibus).    The  twenty-first 

^  Haddan  and  Stubbs,  Couttcils,  vol.  iii.  p.  365.         ^  Ibid.,  p.  367. 

3  The  twenty-ninth  canon  (entitled,  *  Ut  nullus  servorum  Dei  inter 
laicos  habitet '),  forbids  all  clerks  [clericos),  as  well  as  monks  or  nuns, 
to  dwell  among  laymen  in  secular  houses  {apud  laicos  kabitare  in 
domibus  scecularium) ;  ordering  them  to  return  to  the  monasteries 
where  they  first  took  the  monastic  habit  {repetant  monasteria^  ubi primi- 
ttis  habitum  sanctce professionis  sumpserant).    Ibid.,  p.  374, 

4  Ibid.,  p.  367.  6  jjjid^  p_  368 


136  ANCIENT  FACTS  AND  FICTIONS  part  ii 

canon ^  warned  'monks  or  ecclesiastics'  {f?ionastenales  sive 
ecclesiastici)  against  drunkenness;  the  twenty-second^  ex- 
horted them  (by  the  same  description)  to  frequent  com- 
munion. The  ninth ^  article,  as  to  the  employment  of 
priests  by  the  bishops  in  country  places,  I  translate  fully : 

*  That  priests  be  careful  diligently,  and  according  to  due 
order,  to  fulfil  the  duty  of  evangelical  and  apostolical  preach- 
ing, by  baptizing,  teaching,  and  visiting,  through  those  places 
and  regions  of  the  lay  people,  which  have  been  suggested  and 
enjoined  to  them  by  the  bishops  of  the  province  {per  loca  et 
regiones  laicorwn^  qiice  sibi  ab  episcopis  provUtcicB  msinuata  et 
injunda  sunt) ;  so  that,  according  to  the  Apostle's  word,  they 
may  be  held  worthy  of  double  honour ;  and  be  very  careful,  as 
becomes  God's  ministers,  to  set  no  examples  of  discreditable 
or  evil  conversation,  either  to  secular  men  or  to  monastics 
{scecularibus  sive  mofiasterialibus ) ;  that  is  (to  mention  nothing 
else),  either  in  drunkenness  or  for  filthy  lucre's  sake,  or  by  filthy 
speaking,  or  the  like.' 

Throughout  this  body  of  canons,  from  first  to  last,  there 
is  nothing  implying  the  existence  of,  nothing  applicable  to, 
a  parochial  system.  Nor  is  anything  of  that  kind,  during 
the  rest  of  the  same  period  down  to  the  close  of  the 
century,  elsewhere  to  be  found.  Neither  in  Archbishop 
Egbert's  *  Penitential,'  ^  nor  in  his  answers  to  certain  ques- 
tions, known  as  his  *  Dialogue  of  Ecclesiastical  Ordinances,'  ^ 
is  there  anything  on  that  point.^ 

^  Haddan  and  Stubbs,  Councils^  vol.  iii.  p.  369. 
2  Ibid.,  p.  370.  3  Ibid.,  p.  365. 

*  Ibid.,  pp.  416-431.  The  '  Penitential'  (as  given  by  Wasserschleben, 
and  by  Haddan  and  Stubbs),  and  the  *  Dialogue,'  are  the  only  works 
ascribed  to  Egbert,  which  may  really  have  been  his. 

»  Ibid.,  pp.  403-413. 

*  Respons.  ad  Interrogat.  12  {ibid.,  pp.  408,  409), 


CHAP.  II    SECOND  PERIOD  ANGLO-SAXON  CHURCH      137 


§  7.  Episcopal  Power  as  to  Revenues. 

From  Theodore's  time  until  the  legatine  councils  of 
A.D.  785-787,  we  have  no  information  as  to  tithes  in 
England,  except  one  incidental  allusion^  in  the  letter  of 
Boniface  to  Archbishop  Cuthbert,  written  between  a.d.  746 
and  749.  Quoting  from  Ezekiel  (xxxiv.  25),  'Woe  be 
to  the  shepherds  of  Israel  that  feed  the  flock :  should  not 
the  shepherds  feed  the  flock?  Ye  eat  the  fat,  and  ye 
clothe  you  with  the  wool,'  etc., — he  translated  '  shepherds ' 
into  'bishops,'  and  'the  flock'  into  'Christian  people' 
i^per  pastores  episcopos  significat ;  greges  Domini,  id  est, 
fideles  populos  ad  pascendum) ;  and  continued  :  '  In  daily 
oflierings  and  tithes  of  the  people,  they  receive  the  milk 
and  wool  of  the  sheep  {lac  et  lanas  ovium  Christi  oblation- 
ibus  quotidianis  ac  decimis  fidelium  suscipiunt)]  but  they  take 
no  care  of  the  Lord's  flock.' 

Boniface  was  Archbishop  of  Mentz;  but  he  was  an 
Englishman  j  and  writing  on  matters  concerning  the  Eng- 
lish Church  to  the  English  primate,  he  must  have  thought 
what  he  said  applicable  to  England.  His  words,  therefore, 
may  be  accepted  as  evidence,  that  tithes  were  paid  in 
England  at  that  time,  and  that  they  went  into  a  diocesan 
.treasury,  the  revenues  of  which  were  at  the  bishop's  dis- 
posal. 

Bede's  letter  to  Archbishop  Egbert  does  not  anywhere 
mention  tithes ;  but  it  speaks  ^  of  the  bishop  as  the  receiver 
of  those  church  dues  which  were  paid  as  of  obligation,  even 
in  places  which  the  ordinary  ministrations  of  the  church 
did  not  reach.     Of  the  administration  of  church  revenues 

1  Haddan  and  Stubbs,  Councils.,  vol.  iii.  p.  380. 
2  Sect.  4  {ibid.,  p.  317). 


138  ANCIENT  FACTS  AND  FICTIONS  part  ii 

by  a  good  Anglo-Saxon  bishop  at  the  end  of  that  century 
(so  far  as  relates  to  hospitality  and  almsgiving),  some 
opinion  may  be  formed,  from  a  letter  written  in  a.d.  796, 
by  Alcuin  ^  to  Archbishop  Eanbald  of  York,  in  which  he 
urged  the  importance  of  choosing  suitable  places  for  'guest- 
houses or  hospitals  {xenodochia^  id  est  hospifalia),  for  the 
daily  entertainment  of  poor  persons  and  strangers ;'  {in  qtiibus 
sit  quotidiana  pauperum  et  peregrinorum  susceptio,  et  ex 
nostris  substantiis  habeant  solatia).  Alcuin  was  Abbot  of 
Ferrieres  in  France. 

§  8.  King  Offa. 

A  few  modern  writers  (whom  some  persons  even  now 
accept  as  authorities)  have  ascribed  to  Offa,  King  of  Mercia 
(who  died,  after  a  long  reign,  in  a.d.  796),  a  grant  of  tithes 
to  the  Church.  The  story  is  thus  told  by  Dean  Prideaux  ^ 
in  his  book  about  Tithes  : 

'  About  the  year  794,  Offa  made  a  law  whereby  he  gave 
unto  the  Church  the  tithes  of  all  his  kingdom,  which  the  his- 
torians tell  us  was  done  to  expiate  for  the  death  of  Ethelbert, 
King  of  the  East  Angles.' 

Dean  Prideaux  seems  to  have  persuaded  himself,  not 
only  that  this  was  true,  but  that,  in  making  such  a 
law,  Offa  intended  to  imitate  Charlemagne's  capitulars ; 
of  which  he  supposed  Charlemagne  to  have  sent  him 
copies. 

What  historians  tell  us  this  ?  There  are  fables  enough 
about  King  Offa  in  some  of  the  Chronicles ;  and  for  this 
fable,  the  Chronicle  of  John  Bromton,  Abbot  of  Jorvaulx 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  504. 
2  The  Original  and  Right  of  Tithes,  published  in  a.d.  1709  (2nd 
ed.,  London  1736,  pp.  101-103). 


CHAP.  II     SECOND  PERIOD  ANGLO-SAXON  CHURCH      139 

in  Yorkshire,  is  cited.  That  work  belongs  to  the  latter 
part  of  the  fourteenth  century,  and  is  of  no  credit, 
except  when  derived  from  earlier  sources.^  No  statement 
of  that  'historian'  would  be  worth  anything,  as  proof 
that  Offa  '  gave  unto  the  Church  the  tithes  of  all  his  king- 
dom,' if  he  had  said  so.  But  neither  Bromton,  nor  any 
other  historian,  did  say  so.     What  Bromton  ^  said  is  this  : 

'  This  Offa,  by  the  wicked  advice  of  his  wife,  treacherously 
put  to  death  St.  Ethelbert,  King  of  the  East  Anglians,  when 
visiting  him  as  a  suitor  to  his  daughter :  in  atonement  for 
which  sin,  he  brought  down  his  pride  to  such  a  degree  of 
humility  and  penitence,  that  he  gave  to  Holy  Church  a  tenth  of 
all  that  belonged  to  him  {decimam  omnium  rerum  suarum 
sanctcB  ecclesice  dedit),  and  also  conferred,  as  it  is  said,  many 
lands  upon  the  Church  of  Hereford,  in  which  the  same  glor- 
ious martyr  Ethelbert  lies  ;  which  lands  that  church  possesses 
to  this  day.' 

He  went  on  to  speak  of  the  translation,  by  the  same 
king,  of  the  relics  of  St.  Alban  to  Verulam  ;  of  his  founda- 
tion of  St.  Alban's  Abbey  j  of  his  journey  to  Rome ;  and  of 
his  gift  of  Peter's  pence  to  the  Pope. 

Only  two  later  chroniclers  followed  Bromton  in  that  state- 
ment ; — Polydore  Vergil,^  in  the  time  of  Henry  VHI.,  and 
Holinshed,*  in  the  time  of  Elizabeth.     Polydore  Vergil's 

1  See  Mr.  Thorpe's  '  Literary  Introduction '  to  his  translation  of 
Lappenberg,  p.  lix.  The  Chronicle  is  supposed  to  have  been  written 
under  Abbot  Bromton's  name,  not  by  hiirself. 

2  Twysden's  ZTzj^.  Angl.  Script.  X.  (1651-52),  p.  775. 

'  Hist.  Angl.^  lib.  iv,,  ed.  1649,  p.  99.  Polydore  Vergil  was  an 
Italian,  of  Urbino,  who,  having  come  to  England  to  collect  '  Peter's 
pence '  for  the  Roman  see,  remained  in  this  country,  and  was  made 
Archdeacon  of  Wells.  He  published  his  History  of  England,  with  a 
dedication  to  Henry  VHI.,  in  a.d.  1533. 

*  History  of  England^  book  vi.  cap.  6.  Holinshed  was  a  bookseller, 
and  not  the  author  of  the  *  History '  which  he  published. 


I40  ANCIENT  FACTS  AND  FICTIONS  part  ii, 

words  are,  that  *  for  fear  of  the  punishment  due  to  his  sins, 
he  determined  to  appease  the  wrath  of  God,  and  gave  the 
tefith  part  of  all  his  goods  to  priests  and  other  poor  men 
{decwiam  partem  omnium  bonorum  sacerdotibus  aliisque  inopi- 
bus  hominibus  condonavit).  Polydore  added,  that,  being 
truly  penitent,  he  did  not  consider  that  he  had  by  this,  or 
by  his  foundation  of  St.  Alban's  and  Bath  Abbeys,  and  the 
church  which  he  built  at  Hereford,  done  enough ;  but  that 
he  also  went  to  Rome  to  obtain  absolution,  and  there  '  made 
his  realm  tributary,'  by  the  grant  of  Peter's  pence,  to  the 
Pope.  Holinshed  translated  Polydore :  '  Finally,  King 
Offa,  as  it  were  for  a  means  to  appease  God's  wrath, 
which  he  doubted  to  be  justly  conceived  towards  him  for 
his  sin  and  wickedness,  granted  the  tenth  part  of  his  goods 
unto  churchmen  and  to  poor  people.' 

If  this  story  had  been  true,  it  would  not  have  been  to 
the  purpose.  A  gift  of  the  tenth  part  of  a  man's  own 
goods  or  property  has  nothing,  beyond  the  principle  of 
decimation,  in  common  with  a  law  for  the  payment  of 
tithes.  Selden^  referred  (among  other  things)  to  this  story, 
as  told  by  Polydore  Vergil,  when  he  was  discussing  the 
question  (with  which  I  shall  deal  in  its  proper  place)  of  a 
later  supposed  grant  of  tithes  by  King  Ethelwulf,  the  father 
of  Alfred. 

*  Should  it '  (he  said)  *  be  understood  only  for  a  particular 
consecration  to  the  Church  of  one  time,  and  of  the  land  itself, 
to  be  employed  to  other  good  uses  of  charity,  then  had  it  no 
more  place  here  among  the  laws  of  tithes,  than  the  story  of 
Robert,  Earl  of  Gloucester,  his  giving  every  tenth  stone  of  his 
provision  for  the  building  of  a  tower  near  to  Bristol,  to  the 
erecting  of  a  chapel ;  or  Edward  the  Confessor,  his  building 

1  Hist,  of  Tithes,  ch.  8,  §  4,  p.  208  (ed.  1618). 


CHAP.  II     SECOND  PERIOD  ANGLO-SAXON  CHURCH      141 

Westminster  Abbey  with  the  tenth  of  one  year's  revenue  ;  or 
Offals  giving  the  tithe  of  his  estate  to  the  clergy  and  the  poor, '* 

I  must  not  omit  to  add  that,  except  as  to  the  murder  of 
King  Ethelbert,  and  the  grant  of  Peter's  pence  (of  which,  if 
really  made  by  Offa,  the  date  and  the  occasion  were  mis- 
represented), the  story  is  mythical.  Neither  the  alleged  gift 
of  a  tenth  of  Offa's  estate  or  goods  to  the  Church,  nor  his 
alleged  journey  to  Rome,  is  mentioned  by  the  author  of  the 
Anglo-Saxon  Chronicle,  or  Asser,  or  Ethelward  (who  wrote 
before  the  Conquest);  nor  by  Florence  of  Worcester,  or  the 
author  of  the  history  current  under  the  name  of  Ingulph 
(who  wrote  in  the  eleventh  century);  nor  by  William  of 
Malmesbury,  Henry  of  Huntingdon,  or  Symeon  of  Durham 
(who  wrote  in  the  twelfth  century);  nor  by  Diceto,  or 
Gervase  of  Canterbury,  or  John  of  Wallingford,  or  Roger 
Hoveden,  or  John,  Abbot  of  Peterborough,  or  the  Melrose 
Chronicle  (which  belong  to  the  thirteenth  century).  All 
those  writers  spoke  more  or  less  of  Offa ;  all,  except  Symeon, 
the  Abbot  of  Peterborough,  and  the  Melrose  Chronicle, 
spoke  of  the  murder  of  King  Ethelbert ;  and  several  of  them 
(Asser,  Malmesbury,  Hoveden,  and  the  Melrose  Chronicle) 
told  or  repeated  a  romantic  story,  as  to  the  crimes,  ad- 
ventures, and  miserable  end  of  one  of  Offa's  daughters.^ 

In  the  latter  part  of  the  thirteenth  century,  the  mythical 
element  which  had  gathered  round  the  memory  of  King 
Offa  received  great  development  in  the  Flowers  of  His- 
tories of  Roger  of  Wendover  (Prior  of  Belvoir),  and  in  the 
Lives  of  the  Two  Offas^  by  a  monk  of  St.  Albans,  generally 

1  Asser  (Wise's  ed.,  Oxford  1722),  p.  16;  and  Giles'  Six  Old 
English  Chronicles  (1848),  p.  47;  Malmesbury  (Hardy's  ed.  1840), 
De  Gestis  Regum,  vol.  i.  pp.  169,  170;  Hoveden  (Riley's  transl.  1853), 
p.  19 ;  Melrose  (in  Fulman's  Rerum  Anglic.  Scriptores,  Oxford  1684, 
p.  140.) 


142  ANCIENT  FACTS  AND  FICTIONS  part  ii 

identified  with  Matthew  Paris.  It  is  to  the  imagination  or 
credulity  of  those  writers  (who  in  the  succeeding  century 
were  followed  by  Matthew  of  Westminster  and  Bromton), 
that  we  owe  Offa's  supposed  journey  to  Rome/  and  the 
attempt  to  excuse  ^  him  from  the  guilt  of  being  a  principal 
actor  in  King  Ethelbert's  murder,  by  representing  his 
queen  (a  lady  commended  by  Alcuin,^  in  Oifa's  lifetime, 
for  her  virtue  and  piety)  as  performing  in  that  transaction 
a  part  not  unlike  that  of  a  Jezebel  or  Lady  Macbeth.* 
But  even  Wendover  and  the  monk  of  St.  Albans  (though 
the  latter,  in  his  enthusiasm  for  the  founder  of  that  monas- 
tery, calls  him  'magnificent,'  *most  glorious,'  'most  reli- 
gious,' and  omits  nothing  which  might  be  supposed  to  do 

1  Wendover  (Coxe's  ed,  1841),  p.  254;  Lives  of  Offas  (Matt. 
Paris,  Historia  Major,  etc.,  London  1640,  p,  28);  Matt.  IVest- 
mt'nster  {Fra.nkfort  ed.  1601),  p.  169;  Bromton  {Twysden,  Hist.  Angl. 
Script.  X),  pp.  775,  776. 

2  Wendover  {ubi  supra\  p.  249  ;  Lives  of  Offas  {ubi  supra) ^  pp.  23- 
25  ;  Matt.  Westminster  {ubi  supra),  pp.  147,  148. 

^  Alcuin's  Letters  in  Migne's  Patrologice  cursus,  ep.  50.  The  date  as- 
signed to  it  there  (a.d.  796)  is  manifestly  wrong.  Prince  Ecgfrid  was 
crowned  king  in  his  father's  lifetime,  A.D.  786  or  787  j  and  this  letter 
was  evidently  written  on  that  occasion. 

^  Florence  of  Worcester  also  (a  more  trustworthy  authority),  though 
he  did  not  excuse  Offa,  or  relate  the  extraordinary  tale  of  Wend- 
over and  the  monk  of  St.  Albans,  said  that  Queen  Cynethryth  sug- 
gested the  murder.  Lappenberg,  who  was  more  disposed  than  seems  quite 
reasonable  to  give  credence  to  romantic  passages  in  the  chroniclers, 
repeats  (p.  237  of  Mr.  Thorpe's  translation)  a  story  that  Queen  Cyne- 
thryth was,  three  months  after  the  murder  of  Ethelbert  {i.e.  in  or  soon 
after  A.  D.  792),  *  thrown  by  robbers  into  her  own  well ; '  which  (he  says), 
'  if  void  of  truth,  may  nevertheless  serve  to  show  what  her  contempor- 
aries thought  of  her. '  How  such  a  story,  told  in  a  book  written  more 
than  400  years  afterwards,  could  be  evidence  of  what  contemporaries 
thought,  it  is  not  easy  to  see.  As  a  matter  of  fact,  Queen  Cynethryth 
survived  OfTa  :  she  attested  two  charters  of  her  son  Ecgfrid  during  his 
short  reign  in  a.d.  796  (Kemble,  Cod.  Diplom.  a.d.  796). 


CHAP.  II     SECOND  PERIOD  ANGLO-SAXON  CHURCH      143 

him  honour)  are  silent  as  to  any  gift  by  him  of  tithes  of 
any  sort  or  kind ;  as  also  is  Matthew  of  Westminster,  who 
followed  them.  Of  the  story,  therefore,  on  that  subject, 
such  as  it  is,  the  author  of  Bromton's  Chronicle  seems  to 
have  been  the  inventor;  and,  as  that  story  says  nothing 
about  any  'law  made  by  Offa,  whereby  he  gave  to  the 
Church  the  tithes  of  all  his  kingdom,'  and  as  the  report  of 
the  proceedings  of  the  Legatine  Council  of  Chalchyth  in 
A.D.  785-787  was  unknown  to  the  world  until  its  publication 
in  the  latter  part  of  the  sixteenth  century,  it  is  impossible 
to  search  for  an  explanation  of  it  in  those  proceedings. 


CHAPTER    III 

SECOND   PERIOD — LEGATINE    INJUNCTIONS   OF   CHALCHYTH, 
A.D.  785-787 

§  I.  Article  as  to  Tithes 

Nothing  which  bears  upon  the  history  of  tithes  in  England, 
beyond  the  simple  inculcation  of  their  payment  as,  in 
the  view  of  the  Church  of  that  day,  a  religious  duty,  is  to 
be  found  in  the  twenty  Injunctions  or  Articles,^  delivered 
in  the  name  of  Pope  Adrian  I.  by  his  legates,  at  the  Lega- 
tine  Councils  held  in  this  country  in  a.d.  785-787.  Before 
entering  into  the  question  of  the  general  nature  and  char- 
acter of  those  Injunctions,  it  may  be  convenient  to  give  a 
translation  of  the  particular  article  (the  seventeenth),^  in 
which  alone  tithes  are  mentioned,  and  which  also  relates  to 
some  other  subjects : 

*  The  seventeenth  Article  : — Of  giving  tithes,  as  it  is  written 
in  the  law,  *'  Thou  shalt  bring  the  tenth  part  of  all  thy  crops  or 
first-fruits  {Jrugibus  seu  primitiis)  into  the  house  of  the  Lord 
thy  God."  Again,  by  the  prophet,  "  Bring  (he  says)  all  the 
tithes  into  my  barn,  that  there  may  be  meat  in  mine  house  ; 
and  prove  me  now  herewith,  if  I  will  not  open  unto  you  the 
windows  {cataractas)  of  heaven,  and  pour  you  out  a  blessing, 

'  Haddan  and  Stubbs,  Councils^  vol.  iii.  pp.  447-459.  (The  number 
of  these  Injunctions  is  stated  as  twenty-nine,  by  an  error  overlooked  in 
correction,  in  Defence  of  the  Church,  etc.,  p.  129.)  ^  Ibid.,  p.  456. 


CHAP.  Ill       LEGATINE  COUNCILS,  A.D.  785-787  145 

even  to  abundance  {usque  ad  abunda7itiaiii)  ;  and  I  will  rebuke 
the  devourer  for  your  sakes,  who  eateth  and  spoileth  {qui  comedit 
et  corrwnpif)  the  fruit  of  your  ground,  and  your  vineyard  shall 
no  more  be  barren  {et  non  erit  ultra  vinea  sterilis)  in  the  field, 
saith  the  Lord."  As  saith  the  wise  man  :  "  No  man  can  give 
a  true  alms  of  that  which  he  possesseth,  unless  he  hath  first 
separated  to  the  Lord  what  He  from  the  beginning  has  ap- 
pointed for  man  to  render  Him."  And  through  this  it  com- 
monly happens  that  he  who  does  not  give  a  tenth  is  himself 
reduced  to  a  tenth.  Wherefore  also  we  solemnly  lay  upon  you 
this  precept,  that  all  be  careful  to  give  tithes  of  all  that  they 
possess,  because  that  is  the  special  part  of  the  Lord  God  {quia 
speciale  Domini  Dei  est) ;  and  let  a  man  live  on  the  nine  parts, 
and  give  alms  ;  and  we  advised,  that  this  should  rather  be  done 
secretly,  because  it  is  written,  "  When  thou  doest  thine  alms, 
do  not  sound  a  trumpet  before  thee." 

'  We  also  forbade  usury ;  for  the  Lord  said  to  David  that 
the  man  should  be  "  worthy  to  dwell  in  His  tabernacle  who 
had  not  given  his  money  upon  usury."  Augustine  also  saith  : 
"  No  one  has  unjust  gain  without  just  loss.  Where  gain  is 
there  is  loss ;  it  is  gain  in  the  chest,  but  loss  in  the  con- 
science." 

'  We  ordained  also  {statuimus)  that  men  should  set  forth 
{statuant)  equal  measures  and  equal  weights  for  all,  it  being  said 
by  Solomon,  "  Weight  and  weight,  measure  and  measure,  the 
Lord  hateth  "  ;  that  is,  that  no  man  do  sell  to  another  by  a 
different  weight  or  measure  from  that  wherewith  he  buys, 
because  everywhere  God  "loveth  justice,"  and  "His  counten- 
ance beholdeth  equity." ' 

I  should  have  thought  that  the  terms  of  this  article  were 
sufficient  to  speak  for  themselves ;  that  their  character  is 
evident;  being  that  of  pastoral  precept,  not  legal  enact- 
ment. But  a  disposition  has  been  manifested  in  certain 
quarters  to  claim  for  this  Injunction  (accepted,  as  in  some 
sense  it  undoubtedly  was,  by  the  kings  of  Northumbria  and 
Mercia)  the  character  of  a  civil  enactment  for  the  payment 
of  tithes.     An  authority  which  I  hold  in  much  respect  has 

L 


146  ANCIENT  FACTS  AND  FICTIONS  part  ii 

been  supposed  to  give  some  countenance  to  that  view.  The 
subject,  therefore,  of  the  Legatine  Mission,  Synods,  and 
Injunctions,  of  a.d.  785-787,  ought  to  be  fully  examined. 

§  2.  Causes  of  the  Legatine  Mission. 

The  causes  which  led  Pope  Adrian  I.  to  send  George, 
Bishop  of  Ostia,  and  Theophylact,  Bishop  of  Todi,  as  his 
legates  to  this  country,  may  be  collected  from  known  facts 
with  reasonable  certainty.  For  nearly  a  century  the  Anglo- 
Saxon  Church  had  been  governed  by  native  prelates,  some 
of  whom  visited  Rome ;  and  letters  from  the  Roman  see 
{e.g.  that  of  Pope  Zacharias^  in  Archbishop  Cuthbert's  time) 
were  from  time  to  time  received  by  the  English  Church. 
But  no  Papal  legate  had  visited  England  since  the  time 
of  Augustin ;  and  the  English  Church  was  practically 
independent.  Pope  Adrian  was  a  statesman;  he  had 
obtained  from  Charlemagne  protection,  friendship,  and  large 
territorial  possessions.  And  he  had  paid  his  price  for 
them.  He  knew,  probably,  that  the  relations  of  Charlemagne 
and  Oifa,  whatever  professions  might  be  made  on  either  side, 
were  not  very  cordial ;  he  may  have  felt  a  doubt  how  far  his 
own  security  m'ight  be  affected  by  any  policy  intended  to 
improve  them,  unless  he  could  succeed  in  conciliating  to 
himself  the  goodwill  of  both  kings.  That  he  was  seriously 
apprehensive,  down  to  a.d.  784  or  785,  of  intrigues  on  the 
part  of  Offa  to  depose  him  from  the  Papal  throne,  and  to 
obtain  Charlemagne's  consent  to  the  substitution  of  a  Frank 
Pope,  is  clear  from  a  letter  2  which  he  wrote  about  that  time 
to  Charlemagne,  from  whom  he  had  received  reassuring 
messages  upon  the  subject.  This  was  the  position  and  the 
state  of  mind  of  the  Pope. 

*  Haddan  and  Stubbs,  Councils^  vol.  iii.  p.  360.       ^  Ibid.^  p.  440. 


CHAP.  Ill      LEGATINE  COUNCILS,  A.D.  785-787  i47 

On  the  other  hand,  King  Offa  had  an  object  of  his  own 
to  accomplish,  in  which  the  Pope's  assistance  was  important 
to  him,  if  not  indispensable.  He  was  jealous  of  a  primacy 
over  the  churchmen  of  his  kingdom,  the  seat  of  which  was 
beyond  his  own  border,  and  easy  of  access  from  the  con- 
tinent of  Europe.  He  desired  to  deprive  the  see  of 
Canterbury,  not  of  precedence,  but  of  power ;  and  to  make 
Mercia  ecclesiastically  independent,  with  a  metropolitan  of 
its  own,  whose  primacy  should  extend  to  the  bishoprics  of 
East  Anglia,  which,  though  not  yet  annexed  to  Mercia,  was 
under  its  influence.  It  is  not  necessary,  for  an  explanation 
of  this  policy,  to  suppose  (as  one  of  the  chroniclers^  says), 
that  Offa  feared  an  invasion  of  England  by  Charlemagne, 
and  distrusted  the  fidelity  of  Jaenberht,  then  Archbishop  of 
Canterbury;  or  (with  Dean  Hook 2)  that  Archbishop  Jaen- 
berht was  intriguing  wifh  the  Frank  king,  and  aspiring,  in 
imitation  of  the  Pope,  to  civil  sovereignty  in  Kent,  the 
direct  line  of  whose  kings  had  become  extinct.  The  con- 
tests for  supremacy,  and  the  changes  in  the  balance  of 
power,  within  England  itself — Mercia  aiming  at,  and  seem- 
ing at  that  time  likely  to  obtain,  the  position  which,  under 
Egbert,  was  not  long  afterwards  obtained  by  Wessex, — and 
Kent  being  a  small  kingdom,  never  likely  to  be  again 
independent,    yet    not    in    acknowledged    dependence    on 

^  The  author  of  the  Lives  of  the  Two  O^j  (Matt.  Paris,  ed.  1640,  p. 
21).  Other  chroniclers  (Diceto,  Wendover,  and  Matthew  of  West- 
minster) speak  of  enmity  on  the  part  of  Offa  towards  the  Kentish  men  ; 
and  the  language  of  the  letter  of  Offa's  successor,  Kenwulf,  to  Pope  Leo 
III.,  in  A.D.  798,  asking  for  the  restoration  of  the  see  of  Canterbury  to 
its  former  rights,  is  to  the  like  effect :  '  Cujus  dignitatis  honorem 
primum  Rex  Offa,  propter  inimicitiam  cum  venerabili  Janberto  et  gente 
Cantuariorum  acceptatn,  avertere,  et  in  duas  parochias  dissipate,  nisus.^ 
(Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  522.) 

2  Lives  of  Archbishops,  3rd  ed.,  vol.  i.  pp.  245,  246. 


148  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Mercia,  and  liable,  from  its  situation,  to  fall  at  any  time 
under  West  Saxon  influence, — these  were  sufficient  reasons 
for  Oifa's  wish  that  the  ecclesiastics  of  his  kingdom  should 
be  placed  under  an  archbishop  of  his  own  at  Lich- 
field. The  opportunity  was  favourable,  because  of  the 
preponderance  at  that  time  of  his  power ;  he  could  reckon 
upon  the  acquiescence,  if  not  support,  of  the  other  kings 
south  of  the  Humber;  and  Kent,  without  any  acknowledged 
king,  could  not  offer  an  effectual  resistance.  The  Pope,  how- 
ever, must  give  the  pall,  to  place  a  new  archbishop  in  Mercia 
upon  an  equality  with  other  metropolitans ;  and  for  that 
it  was  necessary  to  obtain  the  concurrence  of  Rome.  Offa 
therefore  (as  we  know  from  that  letter  of  Pope  Adrian  to 
Charlemagne,  which  has  been  already  mentioned)  sent  a 
special  mission  ^  to  Rome,  accompanied  and  recommended 
by  messengers  from  Charlemagne ;  •  and  the  Pope  (as  he 
said),  to  please  Charlemagne,  agreed  to  comply  with  the 
wishes  which,  on  Offa's  part,  they  expressed.  The  legatine 
mission  to  England  soon  followed ;  which  again  was  accom- 
panied by  a  French  abbot,  ^  sent  by  Charlemagne  to  give 
such  aid  to  the  legates  as  might  be  in  his  power. 

^  "William  of  Malmesbury  {Gesta  Regum,  Hardy's  ed.,  p.  119)  and 
the  author  of  the  Lives  of  the  Two  Off  as  (Matt.  Paris,  ed.  1640,  p.  21) 
speak  of  this  mission  from  Offa  to  Rome,  and  of  its  object. 

2  Wigbod,  of  whom  nothing  else  is  known  (Haddan  and  Stubbs, 
vol.  iii.  p.  448;  and  see  ibid.,  p.  461,  note).  He  accompanied  the 
chief  legate  (Bishop  George)  into  Northumbria,  and  it  is  probable 
that  he  may  have  been  a  friend  of  Alcuin's,  sent  at  his  instance  to 
secure  for  the  legates  a  favourable  reception  in  the  northern  kingdom, 
with  which  Alcuin  was  more  closely  connected  by  birth,  education, 
and  friendship  than  with  other  parts  of  England.  Eanbald,  then 
Archbishop  of  York,  was  succeeded  in  A.  d.  796  by  another  prelate  of 
the  same  name,  who  was  a  friend  and  correspondent  (perhaps  a  pupil) 
of  Alcuin ;  (see  Haddan  and  Stubbs,  Councils^  vol.  iii.  pp.  500  note, 
SOI,  505,  507,  534). 


CHAP.  Ill      LEG  A  TINE  COUNCILS,  A.D.  'jSs-'j^'j  149 

It  may  be  concluded,  under  these  circumstances,  that 
the  understanding  arrived  at  in  Rome  was  this.  The  Pope 
was  to  send  representatives  to  England,  with  a  commission 
authorising  them  to  inquire  into  the  state  and  condition  of 
the  English  Church,  and  to  give  such  pastoral  counsels  as 
might  seem  to  him  necessary.  Friendly  relations  between 
the  Roman  see  and  that  Church  already  existed,  but  they 
were  to  be  more  firmly  established ;  and  the  legates  were 
to  be  empowered,  on  the  Pope's  behalf,  to  assent  to  the 
King  of  Mercians  wishes  for  the  creation  of  a  new  province, 
separate  from  Canterbury,  with  a  metropolitan  see  at  Lich- 
field, if  the  concurrence  of  a  provincial  synod  could  be 
obtained. 

For  the  conclusion  of  this  arrangement.  King  Offa's 
ambassadors  doubtless  employed  such  means  as  they 
and  their  master  considered  likely  to  be  effectual.  The 
use  of  questionable  means  is  alleged  in  the  solemn  Act 
of  the  Council  of  Cloveshoo,^  by  which  the  see  of  Can- 
terbury was  restored  to  its  former  authority  in  a.d.  803  ; 
(Pope  Leo  IIL  and  Kenwulf  King  of  Mercia  then  revers- 
ing the  policy  of  their  predecessors) ;  and  the  chroniclers 
tell  us,  that  large  sums  of  money  were  spent  on  the  nego- 
tiation. The  monk  of  St.  Alban's,^  Offa's  biographer  and 
encomiast  (though  in  names  and  other  particulars  certainly 
incorrect),  was  probably  not  far  from  the  mark,  when  he  said 
that  Offa  did  not  rely  only  on  his  confidence  in  the  Pope's 
'pre-eminent  sanctity,'  or  upon  the  'discretion  and  elo- 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.,  p.  543  :  '  Cartam  a  Raynaud 
Sede  viissain  per  AdHanufu  Papani  de  palleo  et  de  Archiepiscopatus  Sede 
in  Liccedfeldensi  monasterio,  cum  consensu  domini  Apostolici  Leonis 
Papce  prascribimus  [non]  aliqtiid  valere,  quia  per  suh-eptitionetn  et  male 
blafuiam  suggessionem  adipiscebatur, ' 

2  Lives  of  the  Two  Offas  (Matt.  Paris,  ed.  1640,  p.  21). 


I50  ANCIENT  FACTS  AND  FICTIONS  tart  ii 

quence '  of  his  own  ambassadors ;  but  that  he  '  knew  what 
it  was  that  the  Romans  wanted '  {noverat  erim  Rex  desideria 
Romanorutn) ;  and  carried  his  point  by  means  of  gifts. 

The  impost  called  '  Peter's  pence '  may,  not  improbably, 
have  been  part  of  the  price  paid  for  the  Pope's  assistance 
on  that  occasion.  This  indeed  is  not  mentioned  by  any 
chronicler  older  than  Henry  of  Huntingdon^  (a.d.  1135- 
1184);  and  he  assigns  to  it  an  earlier  date.  Supposing 
dates  to  be  mistaken,  he  and  the  chroniclers  who  followed 
him  (in  this  respect)  in  the  thirteenth  and  fourteenth  cen- 
turies— Diceto,^  Hoveden,^  and  Higden* — are  all  the  more 
credible,  because  none  of  them  spoke  of  any  journey  of 
Offa  to  Rome.  That  impost  was  certainly  subsisting  in 
and  before  Edward  the  Elder's  time.^  It  is  said,  by  some 
writers,^  to  have  been  imposed  in  Wessex  by  King  Ina, 
early  in  the  eighth  century ;  and  to  have  been  in  the  ninth 
century  confirmed  and  extended  by  King  Ethelwulf  ^  If 
the  story  as  to  Ina's  grant  of  Peter's  pence  was  true,  there 
is  no  reason  for  disbelieving  the  like  story  as  to  Offa ;  and 
it  is  not  improbable,  that  his  ambassadors,  who  conducted 
the  negotiation  at  Rome  which  led  to  the  legatine  mission, 
may  have  offered  that  contribution,  on  Offa's  part,  to  the 
Papal  treasury. 

1  Book  iv.  ;  under  A.D.  755  (Forester's  translation,  1883,  p.  133). 

2  Savile's  Hist.  Angl.  Script.  X.^  p.  446.  (Diceto  connects  the 
gift  with  the  later  foundation  of  St.  Alban's  Abbey,  as  do  also 
Wendover,  the  author  of  the  Lives  of  the  Two  Offas,  Bromton,  and 
Matthew  of  Westminster.) 

3  Riley's  transl.,  1853,  p.  24. 

*  Gale's  Rer.  Angl.  Script.  XV.,  p.  250.  (Hardyng  and  Polydore 
Vergil  also  mention  Offa  as  author  of  the  impost. ) 

'^  See  Thorpe's  Ancient  Laws  and  Institutes,  vol.  i.  p.  171. 

*  E.g.  Higden  (Gale,  Script.  XV.,  supra,  under  A.D.  728). 

7  E.g.  Higden  (Gale,  p.  253);  Bromton  {QiXe%  Script.  XX.,  Oxford 
1691,  p.  808). 


CHAP.  Ill      LEGATINE  COUNCILS,  A.D.  785-787  151 

The  fact  of  the  legatine  mission,  and  its  object,  as  declared 
on  the  Pope's  part,  are  attested  by  two  of  our  earliest  and 
most  trustworthy  chroniclers — the  'Anglo-Saxon  Chronicle,'^ 
and  Symeon  of  Durham.^  Of  the  object,  both  speak  in 
almost  the  same  words  : — '  to  renew  the  faith  and  the  peace 
which  St.  Gregory  had  sent  us  by  the  Bishop  Augustin,'  is 
the  phrase  of  the  former ;  *  renewing  among  us  the  ancient 
friendship  and  Catholic  faith  which  the  holy  Pope  Gregory 
taught  by  the  blessed  Augustin,'  of  the  latter.  Symeon 
mentions  '  the  Venerable  Bishop  George,'  as  holding  the  first 
place  in  the  legation.  Reassigns  a.d.  786  as  the  date: 
the  Anglo-Saxon  Chronicle  gave  a.d.  785.  Henry  of  Hun- 
tingdon^ put  it  in  the  second  year  of  Beohrtric,  King  of 
Wessex,  (successor  of  Kenwulf  of  Wessex) ;  which  could 
not  be  earlier  than  a.d.  787.  The  Anglo-Saxon  Chronicle, 
and  Florence  of  Worcester,*  mention,  under  the  same  date 
(a.d.  785),  a  'contentious,'  or  'litigious,'  synod  at  Chalchyth, 
at  which  '  Jaenberht  gave  up  some  portion  of  his  bishopric, 
and  Higbert  was  elected  by  King  Offa,  and  Egferth  (Offa's 
son)  was  consecrated  king.'  Those  writers  do  not  speak 
of  the  legates  as  present  at  that  synod  :  but  Huntingdon 
says  ^  that  it  was  held  by  the  legates.  There  is  a  letter 
extant  from  Pope  Leo  IH.^  to  Offa's  successor,  Kenwulf  of 
Mercia,  in  which  that  Pope  spoke  of  a  vow  made  by  Offa  to 

1  Under  a.d.  785.  (The  passage  is  extracted  in  Haddan  and 
Stubbs,  Councils^  vol.  iii.  p.  444.) 

2  Savile's  Hist.  Angl.  Script.  X.,  p.  no  (Haddan  and  Stubbs, 
Councils,  vol.  iii.  p.  443). 

'  Forester's  translation,  1853,  p.  137  (see  Haddan  and  Stubbs'  extract 
from  the  original,  Councils,  vol.  iii.  p.  445). 

*  A.-S.  Chron.,  ubi  supra.  Florence,  under  a.d.  785  (Thorpe's  ed. 
1848,  p.  61).  ^  Ubi  supra. 

^  Dated  a.d.  798  (Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  523; 
see  p.  525). 


152  ANCIENT  FACTS  AND  FICTIONS  part  ii 

send  a  certain  sum  yearly  to  Rome  for  charitable  purposes,  'in 
the  presence  of  a  synod,  as  well  of  all  the  bishops,  princes, 
and  great  men,  and  the  whole  people  dwelling  in  the  island 
of  Britain,  as  of  our  most  trusty  messengers,  the  most  holy 
Bishops  George  and  Theophylact.'  Higbert  of  Lichfield 
assumed  the  style  of  Archbishop  (in  charters  still  extant,^ 
which  he  signed)  during  the  course  of  the  year  a.d.  788; 
having  waited,  probably,  until  that  time  for  the  pall  from 
Rome.  He  continued  to  hold  the  same  dignity  during 
the  rest  of  Oifa's  life,  and  for  several  years  afterwards; 
retiring  from  the  episcopate,^  when  Pope  Leo  IIL  reversed 
the  action  of  his  predecessor,  and  restored  to  the  see 
of  Canterbury  its  former  pre-eminence. 

§  3.   Character  of  the  Legatine  Injunctions. 

It  is  not  an  uncommon  thing  for  questionable  proposi- 
tions to  be  advanced  as  admitting  of  no  doubt, — sometimes 
by  persons  whose  judgment  is  entitled  to  great  respect.  It 
becomes  those  who  call  them  in  question  to  avoid  mere 
strength  of  assertion,  and  to  rely  on  the  force  of  their  reasons. 

I  find  it  stated,  as  the  opinion  of  two  learned  and 
excellent  scholars,^  to  whose  labours  all  students  of  English 
ecclesiastical  history  are  deeply  indebted,  that  the  decrees 
of  the  councils  held  under  Pope  Adrian's  legates  'were 
accepted  as  binding  by  the  Kings  and  Witan  of  Mercia  and 
Northumbria,  and  probably  by  the  Witan  of  Wessex  also ;' 
and  (as  to  the  article  relating  to  tithes)  that  '  there  can  be 
no  doubt  that  the   legatine   canon,   as   approved   by  the 

*  Haddan  and  Stubbs,  Councils,  vol.  i.  p.  446,  note  (and  see  the 
charters  in  Kemble's  Cod.  Diplom.,  there  referred  to). 

2  He  signed  the  Acts  of  the  Synod  of  Cloveshoo  in  a.d.  803,  as  Abbots 
after  Aldulf,  then  Bishop  of  Lichfield.    (See  Haddan  and  Stubbs,  ibid.) 

*  Haddan  and  Stubbs,  Councils^  vol.  iii.  p.  637,  note. 


CHAP.  Ill       LEGATINE  COUNCILS,  A.D.  785-787  153 

Kings  and  Witan,  had  the  force  of  law;  although  it  is 
uncertain  by  what  means  the  law  was  enforced,  or  whether 
it  was  enforced  at  all' 

The  word  canoti  is  very  flexible,  when  applied  to  the  Acts 
of  ecclesiastical  synods ;  it  would  be  idle  to  demur  to  that 
phrase  if  it  stood  alone.  If,  by  *  law,'  canon  law  only  were 
meant,  I  might  content  myself  by  saying  that  sanctions,  of 
some  kind,  seem  practically  necessary  to  the  idea  of  law ; 
and  that  the  matter  of  these  (so-called)  '  canons '  does  not 
agree  with  my  conception,  even  of  canon  law.  But  if  (as 
some  have  understood)  more  than  this  is  meant  by  the 
words  which  I  have  quoted, — if  the  *law'  intended  be  a 
civil  enactment,  or  a  civil  confirmation  of  an  ecclesiastical 
law  by  a  secular  legislature — then  I  not  only  doubt,  but  I 
am  obliged  to  dispute  the  proposition.  I  think  I  can 
show  good  reasons  for  my  beHef  that  it  is  erroneous  and 
untenable : — reasons  depending  partly  on  external,  and 
partly  on  internal  evidence. 

§  4.   The  Legates^  Report :  how  known. 

The  external  evidence  is  that  contained  in  the  report 
made  by  the  legates  themselves  (or  rather  by  George, 
Bishop  of  Ostia,  the  head  of  the  mission)  to  the  Pope. 

It  is  remarkable,  that  our  knowledge  of  this  document  is 
derived  entirely  from  the  Magdeburg  Centuries}  published 
in  A-D.  1567  at  Basle  by  an  association  of  Protestant 
writers,  in  a  voluminous  compilation,  relative  to  the 
church  history  of  the  twelve  first  centuries.  They  have 
told  us  nothing  about  the  manuscript  which  they  used ; 
what  was  its  antiquity,  or  its  place  of  custody ;  or  how  it 

^  Ecclesiastica  Historia,  per  aliquot  studiosos  et  pios  viros  in  urbe 
Magdehurgica''  (Basilese,  1567,  Centuria  VIII,,  cap.  9,  pp.  574,  575, 
under  the  heading  *  Alia  Synodus  Anglica '). 


154  ANCIENT  FACTS  AND  FICTIONS  part  ii 

came  to  their  knowledge.  Its  proper  place  of  custody 
would  seem  to  have  been  in  the  archives  of  the  Vatican,  to 
which  they  were  not  likely  to  have  access.  If  it  (or  any 
original  or  copy  of  it)  were  now  in  the  Vatican,  the  research 
of  later  scholars  would  (I  suppose)  long  since  have  traced 
it  out,  and  placed  it,  in  a  complete  form,  and  with  all  the  aids 
of  criticism,  before  the  world;  but  there  is  no  reason^  to 
believe  that  it  has  ever  been  seen  or  known  since  the  time 
of  the  Magdeburg  *  Centuriators.*  I  have  said  this,  not  as 
doubting  its  genuineness ;  for  I  concur  without  hesitation 
in  the  opinion,^  that  it  contains  sufficient  internal  proof  of 
authenticity;  but  because  it  is  not  probable  that,  if  the 
Injunctions  which  we  now  know  from  this  source  only  had 
entered  into  the  body  of  the  public  law  of  the  three  greatest 
Anglo-Saxon  kingdoms  of  the  eighth  century,  they  would, 
in  this  country,  have  entirely  disappeared. 

I  ought  not  to  be  understood  as  suggesting,  that  no 
copies  of  these  Injunctions  were  formerly  in  the  hands 
of  Anglo-Saxon  ecclesiastics  and  men  of  learning.  From 
the  nature  of  the  case,  that  could  hardly  be;  and  it  is 
clear,  as  the  matter  stands,  that  they  were  in  the  hands 
of  Archbishop  Odo  in  the  tenth  century;  who  said  that 
he  compiled  those  Injunctions  of  his  own,  which  have 
been  miscalled  canons^  '  from  the  former  injunctions  of 
illustrious  men.'  In  that  compilation  there  is  one  article 
(the  tenth,  as  to  tithes*)  which*  is  an  abridgment  of  the 
corresponding  part  of  the  seventeenth  article  of  the  lega- 
tine  synods ;  and  in  the  second  article  (as  to  kings),  the 
third  (as  to  bishops),  the  seventh  (as  to  marriages),  and  the 

1  Iladdan  and  Stubbs,  Councils^  vol.  iil.  p.  461  (first  note).     -  Ibid. 

*  Spelman's  Concilia,  vol.  i.  p.  415;  Wilkins'  Concilia,  vol.  i.  p.  212  ; 
Johnson's  Laws  and  Canons,  vol.  i.  p.  358  (Oxford  ed.  1850). 

*  Johnson's  Laxvs  and  Canons,  vol.  i.  p.  363  (Oxford  ed.  1850). 


CHAP.  Ill      LEGATINE  COUNCILS,  A.D.  785-787  155 

eighth  (as  to  unity),  other  things  ^  are  also  taken  directly 
from  the  same  legatine  Injunctions.  Not  only  did  Arch- 
bishop Odo  so  partially  reproduce  (without  naming)  them ; 
but  he  is  a  witness  to  their  character,  as  lessons  of 
spiritual  admonition  and  instruction,  not  laws.  He  pre- 
fixed to  his  compilation  (after  an  invocation  of  the  Holy 
Trinity)  this  preamble  :  ^ 

*  Though  it  be  a  bold  presumption  to  give  documents  of 
pious  exhortation,  without  having  any  merits  of  my  own  ;  yet, 
because  a  spiritual  prize  is  promised  to  them  that  strive  and 
take  pains  in  the  race  of  this  life,  by  the  Author  of  gifts,  the 
Spirit ;  therefore  I,  Odo,  the  lowly,  and  meanest  of  those 
promoted  to  the  honour  of  a  pall,  and  of  being  a  chief  prelate, 
have  resolved  to  put  together  in  this  paper  some  institutions 
not  unworthy  of  any  worshipper  of  Christ,  which  I  found  to  be 
of  the  greatest  authority,  from  the  former  injunctions  of 
illustrious  men,  to  the  consolation  of  my  lord  the  king,  that  is 
Eadmund,  and  of  all  the  people  subject  to  his  most  excel- 
lent empire.  Therefore  I  most  devoutly  beseech,  and  with 
clemency  exhort  the  minds  of  the  hearers,  that  they  inwardly 
graft  them  in  their  hearts  by  frequent  meditation,  whenever 
they  hear  them  rehearsed  ;  and  thus,  at  the  time  of  harvest, 
gather  for  themselves  the  most  peaceable  fruit,  by  the  mani- 
fold exercise  of  good  works.' 

§  5.   The  Legates^  Narrative. 

I  pass  to  the  narrative  of  the  legates,  which  is  not,  in 

my  judgment,  imperfect;  neither  does  its  termination  seem 

to  me  abrupt.^     If  it  has  no  formal  conclusion,  neither  has 

it  any  formal  commencement ;  the  '  Centuriators '  omitted 

^  See  Appendix  B  for  a  collation  of  the  Latin  passages  in  Odo's 
and  the  legatine  Injunctions. 

2  Johnson's  Laws  and  Canons,  vol.  i.  p.  358. 

'  See  Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  462  (last  note,  in  which 
it  is  suggested,  that  the  report  is  imperfect,  because  it  ends  abruptly, 
without  any  formal  conclusion  ;  and  that,  if  perfect,  it  might  have  Iseen 
expected  to  contain  all  the  other  proceedings  of  the  Synod  of  Chalchyth). 


156  ANCIENT  FACTS  AND  FICTIONS  tart  ii 

both ;  and  it  was  consistent  with  their  method  to  do  so.  In 
all  other  respects  the  document  is  complete  in  itself.  The 
date  which  the  'Centuriators'  assigned  to  the  mission  is  a.d. 
786;  they  described  its  objects  very  much  as  the  English 
chroniclers  did  :  '  To  travel  through  and  visit  this  island, 
and  to  confirm  the  authority  of  the  Roman  pontiff,  acquired 
there  formerly  through  the  mission  of  Augustin  ' ;  and  they 
introduced  the  report  with  the  words,  '  What  they  did  and 
effected,  they  themselves  thus  explain.'  ^ 

The  material  points  in  the  narrative  are,  that,  having 
landed  in  England,  and  having  seen  Archbishop  Jaenberht 
at  Canterbury,  and  given  him  such  information  as  they 
thought  necessary,  they  went  to  Offa's  palace,  where  they 
were  well  received  ;  meeting  him,  and  also  Kenwulf,^  King 
of  Wessex,  who  both  promised  the  amendment  of  some 
matters  of  which  the  Pope  had  spoken  in  his  letters 
accrediting  the  mission.  A  consultation  followed,  not  with 
those  kings  only,  but  also  with  the  bishops  and  lords  of 
the  land  {pontificibus  et  senior ibus  terra)  \  which  resulted  in 
Theophylact  following  the  court  of  Offa  into  Mercia, 
with  the  intention  to  visit  Wales;  and  in  George  (with 
Charlemagne's   Abbot    Wigbod^)    going    to    York,   from 

•^  Ecclesiastica  Histona^  etc.,  pp.  574,  575. 

2  Kenwulf  was  assassinated  a.d.  786.  But,  even  if  that  (and  not 
A.D.  785,  as  stated  in  the  Anglo-Saxon  Chronicle)  was  the  year  of  the 
legates'  arrival  in  England,  the  meeting  recorded  by  the  legates  might 
well  take  place  before  his  assassination.  The  mention  of  his  name, 
therefore,  creates  no  difficulty.  He  is  not  stated  to  have  been  present 
at  either  Council. 

'  See  anfe,  p.  148.  It  is  worth  noting  that  Offa  did  not  send  any 
ambassadors  with  the  legates  to  the  King  of  Northumbria,  but  the 
latter  king  sent  ambassadors  to  Offa  on  Bishop  George's  return.  It 
may  be  conjectured,  that  Theophylact  remained  with  Offa  to  complete 
the  negotiations  as  to  that  king's  own  business ;  and  that,  until  that 
was  settled  to  his  satisfaction,  Offa  was  not  disposed  to  give  active 
assistance  to  the  Pope. 


CHAP.  Ill      LEG  ATI NE  COUNCILS,  A.D.  785-787  157 

whence,  through  Archbishop  Eanbald,  messengers  were 
sent  to  Aelfwald,  King  of  Northumbria.  He  convened  a 
council,  which  was  attended  by  all  the  principal  people 
of  those  parts,  clergy  and  laymen;  and  the  legate  then 
read  the  Injunctions  prepared  (as  the  report  said),  as  to 
all  the  matters  which  were  understood  to  need  correction. 
All  the  several  points  were  explained  in  their  order ;  and 
those  who  were  present,  professing  submission  to  the  Pope, 
as  represented  by  the  legates,  unanimously  promised  obedi- 
ence {tain  admonitionem  vestram,  quam  parvitatem  nostram, 
amplexantes^  spoponderunt  se  in  omnibus  obedire).  The 
Pope's  letters  were  then  read ;  the  legate  exhorting  {con- 
testantes)  his  hearers  to  keep,  and  to  cause  those  under 
them  to  keep,  the  Pope's  '  decrees.'  ^ 

The  text  of  the  Injunctions  (twenty  in  number)  follows,^ 
after  which  the  narrative  is  resumed : 

*  These  decrees,  most  blessed  Pope  Hadrian,  we  propounded 
{proposuimus)  in  public  council,  before  King  Aelfwald  and 
Archbishop  Eanbald,  and  all  the  bishops  and  abbots  of  that 
region,  and  the  senators,  dukes,  and  people  of  the  land,  who 
(as  we  have  already  said)  vowed  that  they  would  keep  them  in 
all  points  to  the  utmost  of  their  power,  the  Most  High  in  His 
mercy  helping  them  ;'  and  this  vow  they  confirmed  by  signing 
the  sign  of  the  Cross,  both  on  the  legate's  hand  as  represent- 
ing the  Pope,  and  on  the  paper  containing  the  Injunctions, 
which  they  subscribed.^ 

The  names  of  the  subscribers  are  given  at  length. 
They  were  the  king,  and  all  the  bishops  of  the  province 
of  York ;  also  an  Irish  bishop  (of  Mayo),  and  another  bishop, 
whose  see  was  not  specified  (he  is  supposed  to  have  been 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.   447,  448  (where  the 
introductory  statement  of  the  Magdeburg  '  Centuriators '  is  omitted. 
2  Ibid.,  pp.  448-459-  '  Ibid.,  pp.  459,  460. 


158  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Welsh),  and  who  signed  by  proxy.     Two  abbots  and  three 
lay  noblemen  also  signed. 

'This  done/  the  legates  returned  southward,  accom- 
panied by  two  '  readers,'  ^  envoys  of  King  Aelfwald  and  his 
archbishop,  who  are  stated  to  have  brought  *  the  same 
decrees'  with  them  'into  the  council  of  the  Mercians, 
where  the  glorious  King  Offa  and  the  senators  of  the  land 
had  met  together  with  Archbishop  Jaenberht  of  Canterbury 
and  the  other  bishops  of  those  parts.'  There,  'in  the 
presence  of  the  council,'  all  the  articles  {capituld)  were 
read  through  and  explained,  both  in  Latin  and  in  Saxon ; 
and  all  with  one  voice  thankfully  promised,  'in  answer  to 
the  Pope's  apostolical  admonitions  {apostolatus  vestri  ad- 
monitionibtis),  that  by  God's  help  they  would  in  all  things 
observe  those  constitutions  (statuta)  according  to  the  degree 
of  their  strength '  {Juxta  qualitatem  virium)  \ — confirming  that 
promise  (as  in  the  north)  by  the  sign  of  the  Cross  upon  the 
legate's  hand  as  the  Pope's  representative,  and  also  before 
their  names  subscribed  to  the  paper ;  which  were  those  of 
King  Offa,  and  of  the  archbishop  and  all  the  bishops  of  the 
province  of  Canterbury,  four  abbots,  and  four  lay  noblemen  ; 
all  (in  the  report)  set  out  at  full  length,  with  the  forms  of 
subscription.^  The  sees  of  the  Archbishop  of  Canterbury, 
and  of  the  Bishops  of  Lichfield,  Lindsey,  and  Leicester, 
were  mentioned  after  their  names ;  those  of  the  other  bishops 
were  not ;  but  they  are  all  sufficiently  identified  ^  by  their 
signatures  to  contemporaneous  charters,  still  extant. 

^  Those  '  readers  '  {lectores)  are  in  the  report  called  *  illustrious  men.* 
The  *  reader '  was  the  lowest  but  one  of  the  five  degrees  of  clerks  in 
minor  orders.       ^  Haddan  and  Stubbs,  Councils.^  vol.  iii.  pp.  460,  461. 

*  Ibid.^  p.  462,  note.  In  Johnson's  Laws  and  Canons,  vol.  i.  p. 
282  (Oxford  ed.  1850),  there  is  a  note,  by  John  Johnson,  saying  that 
*  no  regard  is  to  be  had  to  these  subscriptions  ;  the  few  names  that  are 


CHAP.  Ill      LEGATINE  COUNCILS,  A.D.  785-787  i59 

§  6.    Character  and  Constitution  of  the  Synods. 

In  these  proceedings  there  seems  to  be  nothing  incon- 
sistent with  the  nature  of  legatine  synods,  at  which  the 
active  part  was  that  of  the  Pope  by  his  legates,  others 
who  were  present  being  passive,  and  merely  promising 
dutiful  obedience.  For  such  a  purpose,  bishops  who  were 
strangers  to  the  province  might  very  well  be  present,  or 
might  be  represented  by  proxies,  as  happened  at  the 
northern  council.  But  how  could  those  strange  bishops 
take  part  in  an  act  of  civil  legislation  for  the  kingdom  of 
Northumbria  ?  How  could  bishops  of  Kent,  East  Anglia, 
and  Wessex  take  part  in  a  witenagemot,  passing  secular 
laws  for  the  kingdom  of  Mercia  ?  How  could  Wessex  be 
bound  by  secular  laws  passed  at  an  assembly  presided  over 
by  the  Mercian  king  and  the  Kentish  archbishop,  and 
containing  East  Anglian  and  Mercian  bishops,  without 
any  representation  of  Wessex,  except  by  the  Bishops  of 
Winchester,  Sherborne,  and  Selsey?  What  evidence  is 
there  that,  for  all  or  any  of  those  kingdoms,  properly  con- 
stituted witenagemots  were  held,  to  give  the  '  force  of  law ' 
to  what  was  then  done  ? 

genuine  are  yet  so  spelt  that  the  men,  if  they  were  now  alive,  would 
scarce  own  them.'  If  the  names,  or  any  of  them,  were  forgeries, 
it  would  be  a  strong  argument  against  the  authenticity  of  the  whole 
document ;  if,  on  the  other  hand,  they  are  all  capable  of  being 
identified  with  the  names  of  persons  who  were  really  English  bishops 
(and  one  Irish)  at  that  time,  notwithstanding  the  transformation  of  the 
Anglo-Saxon  names  into  Latin,  this  seems  conclusive  in  favour  of  the 
document,  even  if  its  credit  had  not  been  otherwise  supported.  I 
had  myself,  before  reading  Mr.  Haddan  and  Bishop  Stubbs'  note,  gone 
carefully  through  the  episcopal  signatures  to  all  the  charters  from 
A.D.  780  to  803  in  Kemble's  Codex  Diplomaticus,  and  had  arrived  at 
the  same  identification  of  the  signatures,  except  that  of  the  Irish  and 
♦he  (supposed)  Welsh  bishop. 


i6o  ANCIENT  FACTS  AND  FICTIONS  part  ii 

§  7.  Internal  Evidence. 

I  pass  to  the  consideration  of  the  internal  evidence ; 
which  appears  to  me  to  prove  conclusively,  what  might 
have  been  inferred  from  the  narrative; — that  those  In- 
junctions had,  and  claimed,  the  authority  of  the  Pope 
as  a  spiritual  monitor  and  teacher,  and  that  alone ;  and 
that  the  assent  given  to  them  by  the  kings,  bishops,  and 
laymen,  to  whom  they  were  synodically  delivered,  had 
nothing  in  common  with  legislation  or  ratification  on 
the  part  of  civil  lawgivers.  The  character  of  the  In- 
junctions is,  from  first  to  last,  pastoral;  sometimes  it  is 
more,  sometimes  less,  authoritative ;  the  tone  is  that  of 
an  apostolical  charge  or  a  pulpit  exhortation;  they  are 
admonitions  and  precepts,  not  laws.  Of  this  character,  the 
seventeenth  article  itself,  which  relates  to  tithes,  etc.,  is 
an  example.  The  first,  third,  eleventh,  and  twentieth, 
relating  to  faith,  the  duties  of  bishops,  the  duties  of  kings, 
confession,  and  penitence,  are  still  more  so.  All  these,  and 
some  others,  consist  chiefly  of  Scripture  texts,  with  a  few 
quotations  from  the  Fathers.  There  is  not  one  article  which 
deviates  in  substance  from  this  general  character ;  not  one 
which  is  enforced  by  temporal  sanctions  or  penalties.  The 
motives  held  out,  the  encouragements  and  threatenings,  the 
rewards  and  punishments,  are  all  spiritual. 

The  form  and  style  of  address  is  that  of  a  chief  pastor 
to  his  flock.  Most  of  the  articles  were  obviously  brought, 
ready  prepared,  from  Rome  ;  it  is  not  difficult  to  distinguish 
the  additions  made  in  this  country,  in  consequence  of 
what  the  legates  saw  or  heard. 

I.  The  first ^  article  begins:   ^Admonishing  in  the  first 

*  Haddan  and  Stubbs,  vol.  iii.  p.  448. 


CHAP.  Ill       LEG  A  TINE  COUNCILS,  A.D.   785-787  161 

place '  {Prhno  omnium  admonentes).  It  relates  to  the  Nicene 
faith,  and  directs,  that  all  priests  be  examined  as  to  their  faith 
every  year  by  their  bishops  in  diocesan  synods,  '  so  that  they 
may  in  all  things  confess,  hold,  and  preach  the  apostolical 
and  universal  faith  of  the  six  councils,  approved  by  the  Holy 
Spirit,  as  it  has  been  delivered  to  us  by  the  holy  Roman 
Church;  and,  if  occasion  be,  may  not  fear  to  die  for  it;  and 
that  they  receive  all  whom  the  holy  universal  councils  have 
received,  and  reject  and  condemn  from  their  hearts  all 
those  whom  they  have  condemned.'  This  is  no  secular 
law.  Was  it  ever  law  in  the  Anglo-Saxon  kingdoms,  even 
canon  law,  that  every  priest  should  be  examined  annually  by 
his  bishop,  in  a  diocesan  synod,  concerning  his  faith  ? 

2.  The  second^  article  begins:  '  In  the  second  article a/d 
taught '  {Secundo  capitulo  docuimus),  *  that  baptism  be 
administered  according  to  the  ordinance  of  the  canons,  and 
at  no  other  time,  except  for  great  necessity ;  and  that  all, 
generally,  should  know  the  Creed  and  the  Lord's  Prayer.' 
It  proceeds  to  instruct  sponsors  in  their  duties,  and  it  ends  : 
'  It  is,  therefore,  our  precept  to  all  the  people  generally,  that 
this  should  be  committed  to  memory'  {generaliter  o?nni 
vulgo  prcecipimus  hoc  memoricB  mandari ). 

3.  The  third  2  article,  a  long  exhortation  to  the  bishops 
as  to  their  duties,  begins  :  *  In  our  third  discourse^  we  insisted' 
{Tertio  sermone  perstrinximus). 

4.  The  fourth  ^  article  begins :  '  The  fourth  discourse,' 
(Quartus  sermo).  It  orders  the  bishops  to  see  that  all  canons 
live  canonically,  and  monks  regularly,  and  wear  proper 
habits,  not  dyed  with  Indian  colours,  or  costly  ;  and  it  ends, 
'  As  to  which  matter  we  advise  {suademus)  that  the  synodal 

^  Haddan  and  Stubbs,  vol.  iii.  pp.  448,  449. 

2  Ibid.,  pp.  449,  450.  3  Ibid.,  p.  450, 

M 


i62  ANCIENT  FACTS  AND  FICTIONS  part  ii 

edicts  of  the  six  universal  councils,  with  the  decrees  of  the 
Roman  pontiffs,  be  often  read,'  etc, 

5.  The  fifth  1  article  relates  to  the  election  of  abbots 
and  abbesses  from  the  inmates  of  the  house,  whenever  fit 
persons  may  be  found  there,  with  the  bishop's  advice  (pass- 
ing over  all  royal  or  other  patronage).  It  begins :  *  The 
fifth  article  admonishes '  {Quintum  caput  admonet). 

6.  The  sixth  ^  article  (prohibiting  the  ordination  of  unfit 
persons  as  priests  or  deacons  by  bishops,  etc.)  is  short, 
and  in  form  authoritative.  Its  opening  words  are :  '  The 
sixth  decree '  (Sextum  decretum). 

7.  The  seventh  ^  is  shorter  still.  *In  the  seventh  article' 
(septimo  capitulo) :  *  That  all  public  churches  have  their 
proper  course  of  services  reverently  performed  at  the 
canonical  hours.' 

8.  The  eighth*  is  another  short  article,  which  cannot 
well  be  supposed  to  have  had  *  the  force  of  law '  in  this 
country.      '  In  the   eighth   constitution  *    (Octavo  statuto) : 

*  That  the  ancient  privileges  conferred  upon  all  churches 
by  the  holy  Roman  see  be  observed.  But  if,  by  the 
consent  of  wicked  men,  any  should  have  been  granted  in 
writing  against  the  canonical  institutions,  let  them  be  plucked 
up'  (avellantur). 

9.  And  will  any  one  be  found  to  say  that  it  was  made 
an  offence  against  secular  law  in  this  country  for  an  ecclesi- 
astic to  take  food  secretly,  when  in  good  health  ?  This, 
however,  is  forbidden  *by  the  ninth  ^  head^  {Nono  capite); 

*  because  it  is  hypocrisy  and  Saracenic '  {quia  hypocrisis  et 
Saracenorum  est). 

^  Haddan  and  Stubbs,  vol.  iii.  pp.  450,  451. 
2  Ibid.,  p.  451.  3  Jf,id^  A  ji,ij^ 

*  Ibid.  This  was,  obviously,  a  rule  of  discipline  for  monks  or  clerks 
living  together  in  community. 


CHAP.  Ill      LEG  ATI NE  COUNCILS,  A.D.  785-787  163 

10.  By  the  tenth  ^  article  (Decimo  capitulo\  mass  priests 
are  forbidden  to  minister  at  the  altar  with  bare  legs.  The 
faithful  are  enjoined  to  make  such  offerings  that  there  may 
be  bread  and  not  a  mere  crust  {ut pants  sif,  non  crustd).  And 
'  we  forbade^  ivefuimus)  the  use  of  ox-horn  for  the  chalice  or 
paten.  The  legates  also  were  offended  at  seeing  bishops  in 
England  judging  secular  jnatters  in  their  councils^  which  they 

forbade  (  Vidimus  etiam  ibi  episcopos  in  conciliis  suis  scecularia 
j'udicarCy  prohibuimusque  eos  voce  apostolica) ;  quoting  St.  Paul 
(2  Timothy  ii.  4) ;  and  they  made  it  their  entreaty  (ob- 
secravimus  etiam)  that  continual  prayers  should  be  offered 
for  the  Church. 

Was  this,  also,  a  law  enacted  and  brought  into  force 
for  England?  Was  it  from  that  time  an  offence  against 
the  laws  of  Northumbria,  and  of  Mercia,  and  of  Wessex,  that 
bishops  should  judge  in  councils  and  courts  of  law  (as  they 
always  did)  as  to  secular  matters  ? 

11.  The  eleventh 2  '■discourse^  was  to  kings  and  princes 
(Undecimus  sermo  fuit  ad  reges  et principes) :  and  a  '  sermon  ' 
it  certainly  was,  such  a  sermon  as  could  have  come  from 
Rome  only.  *  We  admonished  {admo7iuimus)  the  kings  and 
princes  to  obey  their  bishops  from  the  heart  with  great 
humility,  because  the  keys  of  heaven  are  given  to  them, 
and  they  have  the  power  of  binding  and  loosing;' — an 
admonition  enforced  by  numerous  extracts  from  Scripture. 
Did  that  injunction  make  it  the  law  of  Mercia  that  Offa 
should  humbly  obey  his  bishops  ? 

12.  In  the  twelfth^  ^discoursd^  they  laid  it  down  (Duodeci- 
mo sermone  sanximus),  that,  in  the  appointment  of  kings, 
no  one  should  permit  the  consent  of  the  wicked  to  prevail 

1  Haddan  and  Stubbs,  vol.  iii.  pp.  451,  452.     The  part  of  this  article 
beginning  *  Vidimus^  etc.,  was  doubtless  added  in  England. 

2  Ibid.,  pp.  452,  453.  »  Ibid.,  pp.  453,  454. 


I64  ANCIENT  FACTS  AND  FICTIONS  part  ii 

{nullus  permittat  pravorum  prcevalere  assensum) ;  but  that 
kings  should  be  lawfully  chosen  by  the  priests  and  lords 
isenioribus)  of  the  people,  of  those  who  were  not  born  in 
adultery  or  incest : 

*  Because,  as  in  our  times,  no  one  of  adulterine  birth  can, 
according  to  the  canons,  be  ordained  priest ;  so  neither  can  any 
one  not  bom  in  lawful  wedlock  be  the  anointed  of  the  Lord, 
king  of  all  the  kingdom,  and  his  country's  heir'  (quoting  the  not 
very  relevant  text  of  Daniel  iv.  1 7).  '  Therefore  we  admonished 
{admonuimus)  all  the  people,  generally,  to  pray  God  to 
give  grace  to  the  king  whom  He  himself  chooses,  and  who  is 
to  be  honoured  of  all  (quoting  several  texts).  No  man  is  to 
take  any  counsel  for  the  king's  death,  because  he  is  the  Lord's 
anointed ;  and  if  any  one  is  privy  to  such  a  crime,  if  a  bishop 
or  a  priest,  let  him  be  degraded,  and  cast  down  from  his 
sacred  heritage,  as  Judas  was  from  the  apostolate ;  and  every 
one  who  shall  have  assented  to  such  sacrilege  shall  perish 
under  the  eternal  bond  of  our  anathema,  and,  in  the  society 
of  the  traitor  Judas,  shall  be  burned  with  everlasting  fires.' 
This,  again,  is  enforced  with  Scripture  texts  and  examples  ;  and 
the  article  ends  thus  :  '  It  has  often  been  proved  by  instances 
among  yourselves,^  that  those  who  have  caused  the  death  of 
their  masters,  have  prematurely  ended  their  own  lives,  and  lost 
both  civil  and  spiritual  rights  {utroque  jure  caruerunf)? 

Now,  whatever  may  have  been  the  constitutional  law  of 
any  of  those  Anglo-Saxon  states  as  to  the  qualifications 
necessary  for  the  royal  office  (in  which  I  do  not  doubt  that 
legitimate  birth  was  the  rule,  though  there  were  notable 
exceptions  to  it) ;  it  was  certainly  not  by  this  legatine  in- 
junction that  it  was  enacted ;  nor  was  regicide  less  a  civil 
ofTence  before,  than  after  this  injunction.  Even  as  to 
regicide,  the  penalties  of  which  this  injunction  speaks  are 

1  The  part  of  this  article  as  to  regicide  (perhaps  the  whole  article) 
may  have  been  added  in  England,  where  regicide  had  been  frequent ; 
the  most  recent  instance  being  the  murder  (a.d.  786)  of  Kenwulf,  King 
of  Wessex,  after  the  legates  had  seen  him  on  their  first  arrival. 


CHAP.  Ill      LEG  A  TINE  COUNCILS,  A.D.  785-787  165 

spiritual — degradation  from  the  episcopal  or  priestly  office, 
the  Church's  anathema,  the  pains  of  hell-fire. 

13.  The  thirteenth^  admonition  was  [Decima  tertia  ad- 
monitio  fuit)  2ig2i\Yisi  unjust  judgments,  respect  of  persons  in 
judgment,  and  taking  gifts  against  the  innocent ;  for  which 
also  many  texts  of  Scripture  were  quoted.  Whatever  may 
have  been  the  state  of  the  Anglo-Saxon  laws  as  to  unrighteous 
judgments,  nothing  can  have  been  added  to  them  by  this 
article. 

14.  The  fourteenth  2  head  (Decimum  quartum  caput) 
deserves  quoting  fully : 

'  Fraud,  violence,  and  rapine  are  forbidden ;  and  let  no 
unjust  or  greater  tributes  than  those  established  by  the  Roman 
law  and  the  ancient  customs  of  former  emperors,  kings,  and 
princes,  be  imposed  upon  the  Church  of  God ;  and  let  every 
one  who  desires  to  communicate  with  the  Holy  Roman  Church, 
and  the  blessed  Peter,  the  Prince  of  the  Apostles,  be  careful  to 
keep  himself  wholly  clear  from  this  fault  of  violence.  Let 
there  be  concord  everywhere,  and  unanimity  between  kings 
and  bishops,  ecclesiastics  and  laymen,  and  the  whole  Christian 
people,  so  that  there  may  everywhere  be  unity  of  the  Churches 
of  God,  and  peace  continuing  in  the  One  Church,  in  one  faith, 
hope,  and  charity,  having  One  Head,  which  is  Christ,  etc' 

Will  any  one  contend  that  the  acceptance  of  this  article 
at  the  legatine  councils,  and  the  subscriptions  of  those 
who  subscribed  to  it,  gave  it  'the  force  of  law'  in  the  Mercian 
and  Northumbrian  kingdoms  ? 

15.  The  fifteenth 3  'head'  {caput)  is  against  incest  and 
adultery;  the  anathema  of  the  Church  (that  only)  being 
denounced  against  those  guilty  of  such  acts,  until  they 
repent,  and  are  reconciled  to  their  bishops. 

1 6.  The  sixteenth^  '  head '  {caput)  says  :  '  The  sons  of  har- 

*  Haddan  and  Stubbs,  vol.  iii.  pp.  454,  455.  ^  ji^ 

3  Ibid.,  p.  455.  ^  Ibid.,  pp.  455,  456. 


i66  ANCIENT  FACTS  AND  FICTIONS  part  ii 

lots  are  by  decree  (decreto)  debarred  from  lawful  inheritance. 
For  we  judge  by  the  apostolical  authority,  that  sons  born  of 
adultery,  or  of  nuns,  are  spurious  and  adulterine.'  Nuns 
are  stated  to  be  spouses  of  Christ ;  and  texts  are  quoted  as 
to  the  heinousness  of  marrying  with  or  corrupting  them. 
Then  the  legates  suppose  some  'adulterine'  person  to  be 
arguing  with  them  :  '  he  will  say,  my  mistress  is  not  a 
slave,  but  free.'  '  To  these  we  reply,  by  the  Apostle's 
authority '  {his  autoritate  aposioUca  respondemus) ;  quoting 
St.  Paul  (Romans  vi.  1 6).  And  the  article  concludes : 
*  But,  as  it  is  written,  either  in  Scripture  or  the  evangelical 
doctrine,  or  in  the  decrees  of  the  apostolical  decisions 
{decretis  apostolicorum  dogmatuni)^  concerning  lawful  mar- 
riages, and  appointed  times  for  marriage  or  abstinence  there- 
from,— we  presume  neither  to  add  anything  to,  nor  to  take 
away  anything  from,  those  decrees  :  "  But  if  any  man  seem 
to  be  contentious,  we  have  no  such  custom,  neither  the 
Church  of  God." ' 

17.  The  seventeenth^  article  (caput)  as  to  tithes,  usury, 
and  just  measures  and  weights,  has  already  been  extracted. 

1 8.  The  eighteenth  ^  begins :  *  The  eighteenth  head 
{Decimum  octavum  caput) :  Concerning  the  vow  of  Chris- 
tians, that  they  perform  it.'  What  follows  consists  en- 
tirely of  Scriptural  examples :  Abel,  Enoch  {^Remember 
Enoch,'  etc.),  Abraham  ('Why  should  I  speak' — quid 
loquar — of  Abraham,  etc.),  Jacob,  Manoah  ('Remember 
Manoah,'  etc.),  David,  Solomon  ;  and  appropriate  texts. 

1 9.  The  nineteenth  ^  appears  to  have  been  added  by  the 
legates,  in  consequence  of  information  given  them  at  York, 
'  that  there  were  still  remaining  (in  those  parts)  some  faults, 

*  Haddan  and  Stubbs,  vol.  iii.  pp.  456,  457  ;  ante,  p.  144. 
2  Ibid.,  pp.  457,  458.  ^  Ibid.,  pp.  458,  459. 


CHAP.  Ill      LEG  A  77NE  COUNCILS,  A.  D.  ^^-^^7  167 

by  no  means  small,  of  which  the  correction  was  necessary ;  * 
and  the  fact  that  it  was  so  added  seems  to  be  denoted  by 
its  introductory  words  :  '  We  annexed  the  nineteenth  head ' 
(Decimum  nonuin  ^«////^«;/^j<;?//w«j),  'that  every  faithful  Chris- 
tian should  take  example  from  Catholic  men ;  and,  *  if  there 
be  any  remnant  of  pagan  rites  {si  quid  ex  ritu  paganorum 
remansit)  it  should  be  plucked  up,  scorned,  and  rejected.' 
They  proceed  to  condemn  the  practices  of  (i)  tattooing — 
quoting  averse  from  Prudentius ;  (2)  a  pagan  fashion  of 
dress;  (3)  splitting  the  nostrils,  tying  up  the  ears,  and 
docking  the  tails,  of  horses ;  (4)  settling  controversies  by 
casting  lots;  and  (5)  eating  horse-flesh.  These  customs 
are  stigmatised  as  evil,  and  unfit  to  be  practised  by 
Christians ;  they  seem  to  be  condemned  by  the  intro- 
ductory words  of  denunciation ;  but  not  even  under 
spiritual  penalties. 

20.  The  twentieth,^  and  last  'head'  {Vigesimum  caput) 
is  introduced  by  the  words,  *  We  intimated  to  all  generally' 
{omnibus  generaliter  intimavimus).  It  consists  wholly  of 
an  exhortation,  enforced  by  texts,  to  conversion  and  repent- 
ance, confession  of  sins,  and  Holy  Communion. 

I  think  I  have  estabhshed,  by  the  simple  process  of 
showing  what  the  form  and  substance  of  these  Injunctions, 
from  beginning  to  end,  really  is,  their  true  nature  and 
character ;  and  that  further  argument  against  the  proposi- 
tion that  they,  or  any  of  them,  were  legislative  enactments 
by  kings  and  witenagemots  of  any  Anglo-Saxon  kingdom  or 
kingdoms,  would  be  superfluous. 

^  Haddan  and  Stubbs,  vol.  iii.  p.  459. 


i68  ANCIENT  FACTS  AND  FICTIONS 


§  8.  Relation  of  the  Legatine  Injunctions  to  those  of 
Cloveshoo,  A.D.  747. 

It  remains  to  correct  an  error  into  which  the  late  Dean 
Hook  ^  fell,  when  he  described  these  Legatine  Injunctions 
as  *  little  more  than  a  repetition  of  the  regulations  made 
at  the  Council  of  Cloveshoo  in  the  time  of  Archbishop 
Cuthbert'  They  did,  on  one  or  two  points,  enjoin  things 
which  were  also  enjoined  by  those  regulations ;  and  an 
explanation  of  this  may  be  found  in  the  probability,  that 
those  injunctions  of  Archbishop  Cuthbert's  Council  were 
based  upon  the  letter  of  Pope  Zacharias,^  then  read,  but 
not  now  extant.  Pope  Adrian  on  those  few  points  did, 
probably,  repeat  and  renew  the  admonitions  of  his  pre- 
decessor. But  there  is  nothing  in  common  between  the 
rest — all,  that  is,  but  an  insignificant  part — of  the  legatine 
Injunctions,  and  the  Acts  of  Archbishop  Cuthbert's  Council 
of  Cloveshoo. 

^  Lives  of  Archbishops,  vol.  i.  (3rd  ed.),  p.  251.  Dean  Hook  also 
says,  that  the  body  of  canons  produced  (by  the  legates)  at  Chalchyth 
was  *  very  similar  to  those  that  had  been  accepted  in  the  kingdom  of 
Northumbria.^     They  were  not  similar ^  but  the  same* 

2  Haddan  and  Stubbs.  Councils^  vol.  iii.  p.  360, 


CHAPTER   IV 

THIRD  PERIOD FROM  OFFA  TO  EDMUND RETROGRESSION 

AND  DECAY 

§  I .  Ravages  of  the  Danes 

To  understand  the  change  which  passed  over  the  Anglo- 
Saxon  Church  during  the  ninth  century,  and  the  condition 
in  which  it  remained  for  a  considerable  part  of  the  tenth, 
it  is  necessary  to  realise  the  effect  of  the  Danish  invasions. 
The  first  serious  havoc  wrought  by  those  invaders  was 
in  A.D.  792-793,  when  Lindisfarne  was  ruined,  and  a  state 
of  disorder  introduced  into  Northumbria  from  which  that 
kingdom  never  recovered.  Alcuin's  letters^  to  the  churches 
of  Lindisfarne,  Wearmouth,  and  Jarrow,  to  Ethelred  the 
Northumbrian  king,  his  princes  and  people,  and  to  King 
Offa,  show  the  magnitude  of  that  calamity,  and  the 
demoralisation  consequent  on  it.  *  See  the  holy  places  laid 
waste  by  the  pagans ;  the  altars  defiled  by  perjuries ;  the 
monasteries  violated  by  adulteries ;  the  land  foul  with  the 
blood  of  kings  and  princes.'  He  turned  with  hope  to 
Offa,  who  had  asked  for  a  teacher,  and  to  whom  he  sent 
one  of  his  pupils  :  *  the  light  of  wisdom,  which  in  many 
places  had  been  extinguished,  might  still  flourish  in  Mercia.' 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.  470,  472,  492  ;  Migne's 
Patrolog.  (Alcuin,  vol.  i.  ep.  14,  15,  and  49), 


170  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Oifa  was  *  the  ornament  of  Britain  ;  the  trumpet  of  preach- 
ing ;  a  sword  against  the  foe ;  a  shield  against  the  enemy.' ^ 
Offa  died  three  years  afterwards,  and  Alcuin,  before  long,^ 
followed  him.  His  hope  was  not  to  be  fulfilled.  The 
Danes  returned,  and  continually  gathered  strength.  Re- 
pelled for  a  short  time  by  Egbert,  they  became  terrible 
during  the  reign  of  Ethelwulf.  They  made  their  way  to 
Canterbury  and  to  London ;  they  began  to  winter  in  Kent. 
The  preamble  to  Ethel wulf's  charter  of  a.d.  844^  is  a  sharp 
cry  of  distress : 

'We  see  that  in  these  days,  through  the  conflagrations  of 
wars,  the  pillage  of  our  wealth,  the  most  cruel  depredations  of 
barbarous  enemies  laying  waste  the  land,  and  the  manifold 
tribulations,  threatening  us  even  with  extermination,  which  we 
suffer  from  the  pagan  tribes,  perilous  times  have  come  upon  us.' 

Under  Ethelbert,  his  successor,  the  Danes  ravaged  Win- 
chester, destroying  its  cathedral  and  other  churches,  and 
putting  all  the  monks  of  the  chapter  to  death.  Under 
Ethelred  I.  they  occupied  York,  and  became  masters  of 
Northumbria.  Then  it  was  that  those  calamities  occurred, 
of  which  Symeon  of  Durham*  speaks  : 

*They  went  about  everywhere,  filling  the  whole  country 
with  blood  and  mourning;  destroying  the  churches  and  monas- 
teries far  and  wide  with  fire  and  sword,  leaving  nothing  beyond 
bare  walls.' 

A  few  years  afterwards  they  destroyed  Lindisfarne  (for 
the  second  time),  Wearmouth,  Jarrow,  and  other  monas- 
teries. The  consequence  of  their  ravages  was  that  the  see 
of  Hexham  was  suppressed ;  Lindisfarne  also  (towards  the 

^  Migne's  Patrolog.  (Alcuin,  vol.  i.  ep.  49).  ^  a.d.  804. 

'  See  post^  p.  200.  (The  date  of  this  charter,  as  given  generally 
in  the  Chronicles,  is  wrong,  probably  through  confusion  with  that  of 
A.  D.  854. )  *  Hist.  Dunelmensis  Ecclesia,  cap.  6,  etc. 


CHAP.  IV     THIRD  PERIOD  ANGL  0-SAXON  CHUR  CH        171 

close  of  the  century)  was  removed  to  Chester-le-Street,  and 
afterwards  to  Durham.     The  same  chronicler^  says  : 

*  Christianity  was  all  but  extinguished ;  very  few  churches 
were  rebuilt  ;  no  monasteries  were  refounded  for  about  two 
hundred  years  ;  the  country  people  never  heard  the  name  of  a 
monk,  and  were  frightened  at  his  garb,  till  some  monks  from 
Winchelcomb  brought  again  the  monastic  way  of  living  to 
Durham,  York,  and  Whitby.' 

The  havoc  wrought  in  Mercia,  and  especially  in  East 
Anglia,  was  not  less.  In  869-871  the  great  monasteries  of 
Bardney,  Crowland,  Peterborough,  Ely,  and  Repton  were 
utterly  destroyed,  their  libraries  burnt,^  their  charters  torn  up, 
their  inmates  exterminated.  The  power  of  the  Danes  be- 
came absolute  in  East  Anglia;  and  it  extended  (before 
Alfred's  great  victory  in  a.d.  878)  as  far  west  as  Gloucester 
and  Chippenham.  The  sees  of  Lindsey  (for  some  time 
before  in  abeyance)  and  of  Leicester  were  suppressed,  being 
united  nominally  with  Dorchester  in  Oxfordshire.  The 
monasteries  of  Abingdon,  Evesham,  and  Malmesbury  were 
brought  very  low.  Of  the  bishoprics  left  in  the  south,  four 
were  vacant  at  the  time  of  Alfred's  death  ;  ^  there  had  been 
no  West  Saxon  bishop  for  seven  years ;  and  some  chroniclers 
add  (what  must  be  fabulous)  that  Pope  Formosus  pub- 
lished, or  threatened,  an  interdict  against  England  on  that 
account.  It  was  to  apply  a  remedy  to  this  state  of  things 
that  Archbishop  Plegmund,  in  a.d.  905,  consecrated  seven 
bishops  in  one  day :  four  for  vacant  sees,  three  more  for  new 
sees,  then  erected,  at  Wells  and  Crediton,  and  for  Cornwall 
— to  which,  in  the  following  year  (a.d.   906),  another  was 

1  Ubi  supra. 

2  *  Ecclesice  cum  bibliothecis  suis  a  Danis  combustce  fuerant '  (Gervase 
of  Canterbury,  Stubbs'  ed.  1880,  vol.  ii.  p.  48). 

*  See  Mansi,  Concil. ,  vol.  xviii.  p.  1 1 1  ;  and  note  {ibid. ),  as  to  the  im- 
possibility of  the  supposed  interdict. 


172  ANCIENT  FACTS  AND  FICTIONS  part  ii 

added  at  Ramsbury,  for  Wiltshire.  This  was  in  the  time  of 
Edward  the  Elder.  What  the  state  of  England  south  of 
the  Humber  generally  was  in  Alfred's  time,  he  has  himself 
described,  in  the  preface  to  his  translation  of  Gregory's 
Pastoral:  ^ 

'  So  utterly  has  learning  perished  in  the  English  nation,  that 
there  are  very  few  {paucissimi)  on  this  side  the  Humber  who 
can  understand  their  common  prayers  in  the  English  tongue, 
or  translate  any  Latin  writing  into  English.  So  few,  indeed, 
have  there  been,  that  I  cannot  remember  so  much  as  one  on 
the  south  side  of  the  Thames,  at  the  time  when  I  succeeded  to 
the  kingdom.' 

He  contrasted  this  with  the  state  of  things  which  he  had 
seen '  before  everything  was  destroyed  and  burnt':  'churches, 
throughout  the  nation,  well  furnished  with  ornaments  and 
books,  and  served  by  a  multitude  of  the  servants  of  God ; ' 
foreigners  resorting  to  England  *for  wisdom  and  learning,' 
instead  of  Agoing,  as  they  now  did,  to  seek  them  abroad.' 


§  2.  Other  Causes  of  Decay. 

There  were  other  causes  which  contributed  to  produce 
this  change.  Even  in  the  prosperous  times  of  Boniface 
and  Bede,  many  of  the  smaller  houses,  which  had  the  name 
and  the  privileges  of  monasteries,  were  resorted  to  rather  as 
sanctuaries  or  asylums  from  the  insecurity  of  secular  life, 
than  for  purposes  of  religion.  In  many  of  them  there 
was  sloth,  ignorance,  self-indulgence,  and  worse  corruption.^ 
These,  if  they  escaped  the  ruin  of  the  greater  houses, 
probably  sank  into  a  worse  state  than  before.     And  these 

^  Wise's  ed.  of  Asser  (Oxford  1722),  p.  87.  Alfred  named,  as 
exceptions,  his  own  instructors,  Archbishop  Plegmund,  Asser,  and 
Grimbald,  and  his  chaplain,  John  [Scotus  Erigena]. 

^  See  Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.  320,  321,  381. 


CHAP.  IV     THIRD  PERIOD  ANGLO-SAXON  CHURCH        173 

evils  were  aggravated  by  the  insular  character  of  the  Anglo- 
Saxon  Church.  Wasserschleben,!  observing  that  *  through- 
out two  centuries,  English  literature  offers  us  no  trace  of  an 
independent  work,'  such  as  the  '  Penitentials '  of  Theodore 
and  Archbishop  Egbert,  attributed  this,  *  in  part,  to  the  cir- 
cumstances of  dependence  in  which  the  English  Church 
more  and  more  stood  towards  the  kings : ' 

*  Ecclesiastical  action  was,  in  various  and  many  ways,  ruled 
and  determined  by  peculiar  laws.  That  union  with  Rome, 
which  might  have  given  protection  to  the  Church,  was  very 
loose  ;  and  the  influence  of  the  Pope  in  the  ecclesiastical  affairs 
of  England  was,  consequently,  extremely  small.' 

§  3.   Church  Organisation. 

I  have  had  occasion  to  speak  of  the  suppression  of  some, 
and  the  establishment  of  other,  bishoprics  during  this  period. 
To  that  subject  it  will  not  be  necessary  to  revert.  It  may 
be  concluded,  with  reasonable  certainty,  that  the  destruction 
of  so  many  monasteries  by  the  Danes,  depriving  the  Chris- 
tian people  of  the  means  of  receiving  baptism  and  other 
ordinances  of  religion  in  the  'baptismal'  churches,  so 
destroyed,  made  laymen  generally  more  dependent 
than  they  had  previously  been  upon  the  priests  and  the 
services  of  private  chapels  or  oratories;  and  that  it  was 
found  necessary  by  the  bishops  to  enlarge  the  powers  and 
functions  of  such  rural  priests,  and  to  consecrate,  as  burial- 
grounds,  the  precincts  of  some  of  those  chapels  or  oratories. 
We  shall  find,  in  King  Edgar's  time,^  proofs  that  this  step 
towards  the  creation  of  the  modern  parochial  system  had 
then  been  taken. 

^  Die  Btissordnungen,  etc.  (Halle  1851),  preface,  p.  xlix. 
2  Post,  p.  220. 


174  ANCIENT  FACTS  AND  FICTIONS  part  ii 


§  4.  Archbishop  Wtilfred^s  Canons. 

Of  this,  however,  there  is  no  trace  in  anything  which 
remains  to  us  of  the  ecclesiastical  documents  of  the  ninth 
century.  There  is,  I  think,  proof  that  no  such  change  had 
taken  place  before  or  during  the  first  quarter  of  that  cen- 
tury, in  the  canons  of  the  only  ecclesiastical  council  held 
during  the  whole  third  period — that  of  Chalchyth,  under 
Archbishop  Wulfred,  in  a.d.  816.^  Five  of  those  canons 
— the  second,  fifth,  ninth,  tenth,  and  eleventh — have  a 
bearing,  more  or  less  direct,  upon  the  point. 

The  second  ^  of  those  canons  relates  to  the  form  and 
manner  of  proceeding  in  the  consecration  of  churches — 
called  in  it  by  the  several  names  of  ecclesicdy  basiliccB,  and 
oratoria — all  applicable  to  any  buildings  dedicated  for  the 
worship  and  service  of  God.  The  word  parochia  does  not 
occur  in  that  canon;  nor  is  there  anything  in  it  from 
which  the  idea  of  a  parish  church  (in  any  sense  of  the  term) 
can  be  collected. 

In  the  fifth  canon,^  the  word  parochia  is  used  to  in- 
clude any  assigned  sphere  of  local  duty,  from  the  diocese 
of  a  bishop  to  any  mission-field  of  a  priest  acting  under 
proper  authority.  The  object  of  that  canon  was  to  prevent 
Irish  clergy  {Scoti)  from  officiating  in  English  churches. 
This  it  interdicted,  on  the  ground  of  the  impossibility  of 
ascertaining  that  they  had  been  properly  ordained.  And 
then  followed  (argumentatively)  the  passage  in  which  the 
word  parochia  occurs  : 

*We  know  how  the  canons  enjoin  that  no  one  of  the 
bishops  or  priests  attempt  to  invade  another's  "  parish  "  {paro- 

*  Haddan  and  Slubbs,  Councils,  vol.  iii.  p.  579. 
2  Tbid.,  p.  580.  3  fi,j'j^  p^  ^3, 


CHAP.  IV     THIRD  PERIOD  ANGLO-SAXON  CHURCH       175 

chiam),  without  the  consent  of  the  bishop  having  authority  there 
(jproprii  episcopi).  So  much  the  more  are  men  of  alien  races 
to  be  repelled  from  the  exercise  of  the  sacred  offices  of  the 
ministry  {sacra  ministerial  who  are  under  no  metropolitans, 
and  pay  them  no  respect.' 

The  reference  here  to  'the  canons'  is  sufficient  proof 
that,  by  parochia,  a  parish  of  the  modern  kind  was  not 
meant. 

The  ninth  ^  canon  (relating  to  synodical  judgments,  and 
to  the  manner  of  their  authentication  and  publication,  by 
archbishops  and  bishops  in  their  several  dioceses)  used  the 
word  parochia  twice,  in  both  instances  unequivocally  for 
the  diocese  of  an  archbishop  or  bishop. 

The  tenth  2  related  to  the  funerals  of  deceased 
bishops : 

*  It  is  commanded,  and  we  appoint  this  firmly  to  be  ob- 
served, both  in  our  own  days,  and  in  future  times  by  all  our 
successors,  who  after  us  shall  be  appointed  to  the  same  sees, 
that  as  often  as  any  one  of  the  bishops  shall  depart  this  life, 
then  we  enjoin  {prcscipimus)  the  division  and  distribution  of 
the  tenth  part  of  his  substance,  of  whatever  it  consists,  among 
the  poor  for  the  benefit  of  his  soul, — whether  flocks  or  herds, 
or  sheep  and  swine,  or  even  what  is  in  the  cellars  {in  cellariis)  ; 
and  further,  that  liberty  be  given  to  every  English-born  man 
{Angliscum),  who  in  his  days  has  been  brought  under  slavery; 
so  may  he  earn  the  reward  of  his  labour,  and  the  remission  of 
his  sins.  Let  there  be  no  contradiction,  in  any  point,  by  any 
person,  to  this  article  {capituld) ;  but  let  it  rather,  as  is  most 
meet,  receive  augmentation  from  our  successors  ;  and  let  it  be 
honoured  and  held  in  remembrance  for  ever  hereafter,  through- 
out all  the  churches  subject  to  our  rule : — at  all  events, 
the  prayers  and  alms,  upon  which  we  have  specially  agreed 
among  ourselves  {condictam  habemtis) — that  at  once,  in  every 
diocese,  and  in  all  the  churches  {per  singulas  parochias^ 
singulis  quibusque   ecclesiis\    the    whole    company    of   God's 

1  Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  583.  2  j/^jj 


176  ANCIENT  FACTS  AND  FICTIONS  part  ii 

servants  {pmnis  famulorum^  Dei  coetus)  shall  assemble  at  the 
sound  of  a  bell  in  the  church,  and  there  all  together  {J>ariter\ 
sing  thirty  psalms  for  the  soul  of  the  dead ;  and,  after  that, 
each  bishop  and  abbot  is  to  cause  1 50  "  psalteries  "  {psalterios\ 
and  1 20  masses,  to  be  celebrated ;  and  to  set  free  three  men, 
distributing  to  each  of  them  three  shillings  {solidos) :  and  all  the 
servants  of  God  {singuli  servorum  Dei)  are  to  keep  fast  that 
day  ;  and  for  thirty  days,  at  the  canonical  hours,  after  the  full 
course  of  the  prescribed  services,  the  Lord's  Prayer  is  to  be 
sung  for  him  : — all  of  which  being  done,  on  the  thirtieth  day 
from  his  death  they  are  to  have  a  refection,  as  good  as  that 
which  they  are  wont  to  have  on  the  birthday  of  each  of  the 
apostles.  And  let  them,  through  all  the  churches,  pray  as  faith- 
fully for  him  as  they  would  for  those  of  the  household  of  faith 
among  them  {J>ro  eorum  domesticis  fidei) :  that  so,  by  the  grace 
of  such  common  intercession,  they  may  earn  for  themselves 
a  common  share  with  all  the  saints  in  God's  eternal  kingdom.' 

It  is  manifest  that,  in  this  canon,  parochia  means 
diocese;  and  that  the  churches  spoken  of  were  conventual, 
having  bishops  or  abbots  at  their  head,  with  bodies  of 
monks  or  clergy  {famulorum^  or  servorum  DeiY  living 
together  in  community ;  such  as  there  were  (generally)  in 
the  old  '  baptismal '  churches,  and  such  as  there  would  not 
be  in  any  parish  churches  of  the  modern  kind.  And  it  is 
to  be  observed,  in  the  same  connection,  that  three  other 
canons  of  this  series  related  to  monasteries,  while  there 
were  none  applicable  to  parish  churches  of  the  modern 
kind,  or  to  the  appointment  or  the  duties  of  priests  in 
charge  of  them. 

The  remaining  canon  (the  eleventh^  and  last),  in  which 

1  This  expression,  and  *  servorum  Dei^^  signifies  the  monks,  etc.,  of 
convents  (see  Sharon  Turner's  History  of  the  Anglo-Saxons ^  5th  ed. 
1828,  vol.  i.  p.  493). 

2  The  terms  of  King  Ethelwulf's  charter  of  a.d.  844  are  similar,  and 
lead  to  the  same  inference,  as  still  applicable  to  Anglo-Saxon  churches 
generally,  at  that  time  {sttpost^  p.  201,  note).  *  Ilnd.^  p.  584. 


CHAP.  IV     THIRD  PERIOD  ANGLO-SAXON  CHURCH        177 

the   word    parochia    also    occurs,    uses    it    distinctly   for 
diocese  : 

*  No  bishop  is  to  invade  the  diocese  (J)arochia?n)  of  another, 
or  to  draw  to  himself  anything  belonging  to  the  ministry  of 
another  bishop,  in  the  consecration  of  churches,  or  the 
ordination  of  priests  or  deacons,  except  the  archbishop  only, 
who  is  the  head  of  all  the  bishops  of  his  province.  The  rest  are 
to  be  content  with  their  own,  or  to  minister  by  the  consent  or 
license  of  the  bishop  in  whose  diocese  {diocesi)  any  one  of  them 
may  be ;  and  if  any  do  otherwise,  they  are  to  be  corrected  by 
the  archbishop's  judgment.' 

§  5«   Opinions  of  Selden  and  Lingard. 

If,  in  thus  arriving  at  the  conclusion  that  at  the  begin- 
ning of  the  ninth  century  there  was  no  approach  to  parishes 
of  the  modern  sort  in  England,  I  may  appear  to  differ  from 
Dr.  Lingard,  and  perhaps  (in  a  less  degree)  from  Selden,^  the 
reason  is  that  those  eminent  men  relied  for  this  purpose  upon 
authorities  now  discredited.  Dr.  Lingard  ^  assumed  that  the 
*  Excerptions,'  ascribed  to  Egbert  (Archbishop  of  York  in 
the  preceding  century),  were  a  genuine  work  of  that  prelate ; 
and  as  in  those  *  Excerptions '  there  was  contained  what  I 
may  describe  as  the  '  manse'  ordinance  of  the  capitulars 
made  by  Louis  the  Pious  at  Aix-la-Chapelle  in  a.d.  816, 
he  drew  from  this,  taken  in  connection  with  the  later  laws 
of  Edgar  and  Canute,  conclusions  which  might  have  been 
reasonable  enough,  if  his  premiss  had  not  been  erroneous. 
But  nothing  is  more  certain  than  that  those  '  Excerptions ' 
were  not  from  the  hand  of  Archbishop  Egbert,  and  that 
they  really  belong  to  a  much  later  time.     Selden,^  when 

*  Hist,  of  Tithes,  ch.  9  (ed.  1618),  p.  261. 

2  Antiquities  of  Anglo-Saxon  Church,  vol.  i.  p.  93,  note.  His  refer- 
ences in  that  note  to  *  the  many  regulations  in  Wilkins,  pp.  103,  245, 
300,  302,'  are  to  portions  of  Egbert's  *  Excerptions '  and  the  laws  of 
Edgar  and  Canute.  *  Ubi  supra. 

N 


178  ANCIENT  FACTS  AND  FICTIONS  part  ii 

he  wrote  that  by  the  beginning  of  the  ninth  century, 
'lay  foundations  were  grown  very  common,  and  parochial 
limits  also  of  the  parishioners^  devotions^  relied  upon  a 
number  of  lay  appropriations  of  churches  to  Crowland 
Abbey,  which  he  found  recorded  in  the  chronicle  of 
Ingulph,  or  of  the  writer  who  assumed  that  name.  The 
true  character  of  that  chronicle  was  not  then  so  well  under- 
stood as  it  is  now ;  and  this  is  not  the  only  instance  (as 
will  be  afterwards  seen)  in  which  Selden  attributed  to  it 
more  weight  than  it  deserved.  That  many  charters  to 
Crowland  Abbey,  earlier  than  a.d.  800,  should  have  been 
preserved  after  the  total  destruction  of  that  monastery  and 
the  slaughter  of  all  its  monks  in  a.d.  869-871,  is  highly 
improbable.  Ingulph,  in  the  Conqueror's  time,  carried  to 
London  all  the  charters  (real  or  pretended)  of  that  monastery, 
and  they  were  read  before  the  king  in  council.  Those 
(says  the  chronicler)  *  which  were  written  in  the  Saxon  hand, 
down  to  the  last  Mercian  king,  were  treated  with  contempt' ; 
while  those  of  Edred,  Edgar,  and  the  succeeding  kings, 
*  being  written  wholly  or  in  part  in  the  Gallican  hand,  were 
allowed;'  the  king  confirming,  by  a  charter  of  his  own, 
Edred's  grant.^  Mr.  Thorpe  ^  says  that  'almost  all  the  char- 
ters '  in  Ingulph's  work  '  are  forgeries ' ;  and  not  only  so, 
but  that  '  the  narrative  of  Ingulph  abounds  in  gross  errors 
and  anachronisms  with  regard  to  contemporary  events.' 
Mr.  Haddan  and  Bishop  Stubbs  say,^  as  to  the  Acts  of 
two  pretended  Councils  of  Benningdon  and  Kingsbury, 
recorded  by  the  same  chronicler,  that  they  '  are  unblushing 

1  Ingulph,  pp.  80-82.     See  Dugd  ale's  Monastic  (Caley,  Ellis,  and 
Bandinel's  ed.),  vol.  ii.  pp.  98,  118. 

2  Thorpe's  Literary  Introduction  (to  his  translation  of  Lappenberg's 
History  of  England  under  the  Anglo-Saxon  Kings ^  1845),  p.  11 

^  Councils^  vol.  iii.  p.  633,  note. 


CHAP.  IV     THIRD  PERIOD  ANGLO-SAXON  CHURCH       179 

forgeries.'  No  conclusion,  even  by  the  most  learned  men, 
can  be  worth  more  than  the  premisses  on  which  it  is  founded ; 
and  as  to  this  matter,  the  premisses  both  of  Dr.  Lingard  and 
of  Selden  were  unsound. 

§  6.  Pope  Leo  the  Fourth! s  Decretals, 

The  inferences  which  I  have  drawn  from  the  canons 
of  Archbishop  Wulfred's  council  receive  confirmation  from 
two  rescripts  or  decretals  of  Pope  Leo  IV.,  the  one  in  the 
form  of  a  complete  epistle  ^  addressed  *  to  the  Bishops  of 
Britain '  (probably  sent  by  the  hand  of  those  messengers 
from  King  Ethelwulf  who  accompanied  Prince  Alfred  on  his 
first  visit  to  Rome),  and  the  other  ^  without  that  address,  but 
said  by  Walafrid  Strabo  to  have  been  written  for  the  Anglo- 
Saxon  Church.  In  the  former  the  Pope  spoke  of  the 
provision  for  the  offices  of  religion  throughout  every  diocese 
as  to  be  made  by  the  bishop,  '  by  such  priests  and  other 
clerks  as  he  should  provide.'  By  the  latter  (following,  as 
he  said,  the  rule  laid  down  by  his  predecessors)  he  directed 
that  tithes  should  be  paid  to  *  baptismal '  churches  only. 

§  7.   Tithes :  Treaty  between  Edward  and  Guthrum. 

Passing  from  the  subject  of  organisation  to  that  of  tithes, 
we  obtain  no  new  light  till  the  beginning  of  the  tenth  cen- 
tury. The  celebrated  charters  of  King  Ethelwulf  do  not 
(as  will,  hereafter  be  shown)  relate  to  tithes ;  and  (unless  the 
decretal  of  Pope  Leo  IV.,  just  mentioned,  be  an  exception) 
there  is  nothing  else  on  the  subject  in  this  third  period, 
earlier  than  a.d.  906.     King  Alfred  was  a  legislator ;  but 

^  Migne's  Patrologice  Cursus^  vol.  cxv.  p.  667. 

2  Ibid.f  p.  674  :  ^  De  decimis,  justo  ordine,  non  tantum  nobisj  sed 
majoribus  visum  est,  plebibus  tantum^  ubi  sacrosancta  dantur  baptis- 
mata.  dari  debereJ* 


i8o  ANCIENT  FACTS  AND  FICTIONS  part  ii 

in  his  laws  there  is  nothing  about  tithes.  He  made  a 
treaty  of  peace  with  Guthrum  (the  first  Danish  king  who 
professed  Christianity  and  was  baptized),  by  which  the 
government  of  the  eastern  parts  of  England  was,  on  terms 
then  agreed  upon,  conceded  to  the  Danes.  In  that  treaty  ^ 
there  was  nothing  about  tithes.  But  after  the  death  of 
both  those  kings  war  again  broke  out  between  their  succes- 
sors ;  and  that  war  was  terminated  by  a  second  treaty  of 
peace,  confirmed  (more  than  once)  by  English  witenagemots, 
under  which  the  same  territory  was  again  left  in  the  pos- 
session of  the  Danes.  I  am  disposed,  with  Mr.  Kemble,^ 
to  distinguish  a  treaty  of  that  kind  (though  confirmed 
by  the  English  national  legislature)  from  a  municipal 
law.  It  was  a  compact  between  the  King  and  State 
of  England  and  the  Danish  ruler,  as  to  the  government 
of  certain  parts  of  England  conceded  to  him.  It  did  not 
(in  my  judgment)  impose  any  reciprocal  obligation  upon 
Edward  as  to  the  government  of  his  own  kingdom,  or  any 
new  law  upon  his  subjects  beyond  the  Danish  territory. 
Its  interest,  however,  with  respect  to  the  present  subject  is 
considerable,  because  one  of  its  stipulations  related  to  tithes 
and  other  church  dues.  '  If  any  one  withhold  tithes,  let 
him  pay  lah-slit  among  the  Danes,  wite  among  the  English ' ; 
the  same  thing,  in  the  same  terms,  being  also  provided 
as  to  (i)  Peter's  pence  {Rom-feoh))  (2)  *  light-scot ' ;  (3) 
*  plough-alms ' ;  and  (4)  any  other  *  divine  dues.'  Lah-slit 
and  wite  were  the  Danish  and  Saxon  mulcts  or  penalties 
(the  one,  according  to  Selden,  equivalent  to  twenty,  and 
the  other  to  thirty  shillings)  for  ordinary  misdemeanours. 
Selden,^  after  citing  that  provision  of  the  treaty  as  to 

^  Thorpe's  Ancient  Laws,  etc. ,  vol.  i.  p.  1 53. 

*  Saxons  in  England,  vol.  ii.  p.  476. 

»  Hist,  of  Tithes,  ch.  8,  §  3  (ed.  1618),  p.  203. 


CHAP.  IV     THIRD  PERIOD  ANGLO-SAXON  CHURCH        i8i 

tithes,  said  :  '  It  may  seem  by  this  that  some  other  law  pre- 
ceded, for  the  payment  of  tithes,  or  else  that  the  right  of 
them  was  otherwise  supposed  clear.' 

On  looking  into  the  earlier  national  legislation,  I  think 
it  is  reasonably  certain,  that  there  was  no  preceding  secular 
law  for  the  payment  of  tithes.  Alfred,^  in  the  preface  to  his 
own  code,  said  that  he  had  collected  everything  which  he 
had  approved  out  of  the  laws  of  earlier  legislators,  mentioning 
by  name  his  ancestor  Ina,  *  Offa^  king  of  the  Mercians  J  and 
Ethelbert,  the  first  Christian  king  of  Kent.  Among  the 
laws  of  Ina,  which  he  republished,  there  are  two  articles  ^ 
relating  to  *  church-scots,'  viz.  : 

<§  4.  Let  Church-scots  be  rendered  at  Martinmas.  If  any 
one  do  not  perform  that,  let  him  forfeit  sixty  shillings  and 
render  the  church-scot  fourfold.' 

'§61.  Church-scot  shall  be  rendered  according  tothehealm 
and  to  the  hearth  that  the  man  is  at  in  mid-winter.' 

There  is  nothing  as  to  any  other  kind  of  church  dues, 
except  church-scot, — nothing,  therefore,  as  to  tithes,  in  any 
of  the  earlier  laws  republished  by  Alfred,  or  in  those  under 
his  own  name.  And  that  he  would  not  have  been  likely  to 
disapprove  of  an  earlier  law  for  the  payment  of  tithes,  if 
he  had  met  with  it,  may  be  inferred  with  certainty,  not  only 
from  his  maintaining  those  laws  of  Ina  as  to  *  church-scot,' 
but  from  the  fact  that  the  preface  to  his  code  begins  with  a 

1  Thorpe's  Ancient  Laws,  etc. ,  p.  59. 

2  Ibid.,  pp.  105- 141.  Church-scot  was  'originally  a  certain  measure 
of  corn  paid  to  the  Church'  (note,  ibid.);  mentioning  claims  to  it  by  the 
monasteries  of  Worcester,  Pershore,  and  Glastonbury  ;  and  adding  that 
'  the  definition  given  by  White  Kennett  seems  best  suited  to  the 
generality  of  the  Anglo-Saxon  term  :  "It  was  sometimes  a  general 
word,  and  included  not  only  corn,  but  poultry  or  any  other  provision 
that  was  paid  in  kind  to  the  religious.'"  It  was  quite  distinct  from 
tithe. 


i82  ANCIENT  FACTS  AND  FICTIONS  part  ii 

summary  of  Levitical  laws  ('  the  dooms  which  the  Almighty 
God  Himself  spake  to  Moses,  and  commanded  him  to 
keep ') ;  among  which  is  the  Levitical  commandment  as  to 
tithes :  *  Thy  tithes,  and  thy  first-fruits  of  moving  and 
growing  things,  render  thou  to  God.'  ^ 

I  conclude,  that  there  was  no  secular  law  before 
the  time  of  Edward  the  Elder  for  the  payment  of  tithes. 
What,  then,  is  the  proper  explanation  of  the  article  as  to 
tithes  and  other  church  dues  in  the  treaty  of  peace  with  the 
second  Guthrum  ?  ^ 

Any  one  who  examines  the  whole  treaty  (which  method 
should  be  observed  by  all  who  wish  to  avoid  risks 
of  error  in  the  interpretation  of  ancient,  or  indeed  any, 
documents)  must  perceive  that  there  is  in  it  only  one  article 
— the  last^ — which  does  not  relate  to  ecclesiastical  matters ; 
and  also  that  it  enforces  religious  and  ecclesiastical 
obligations  in  a  manner  and  to  an  extent  for  which  there 
had  been,  down  to  that  time,  no  precedent  in  Anglo-Saxon 
legislation.  The  reason  (as  it  seems  to  me)  is  this; 
— that  the  Danes  were,  many  of  them,  still  heathens, 
and  of  those  who  were  nominally  converts  to  Christianity 
not  a  few  remained,  and  were  likely  long  to  remain,  in  a  state 
of  semi-paganism.  They  were  the  same  people  who  not 
very  long  before  made  havoc  with  churches  and  monasteries ; 
they  had,  by  their  recent  insurrection,  violated  the  former 
treaty ;  and  it  is,  at  least,  probable  that  during  that  war 
churches  had  again  suffered.  It  is  easy  to  understand 
that  under  those  circumstances  strong  guarantees  for  the 
continuance  of  Christian  usages,  and  for  the  customary 
rights  of  the  clergy  and  the  Church  (whether  previously 

^  Thorpe's  Ancient  Laws,  etc.,  vol.  i.  p.  53  (art.  38  of  Levitical 
Laws). 

2  Jbid.^  pp.  159-177  (see  art.  6,  p.  171).  ^  Ibid.,  p.  175. 


CHAP.  IV     THIRD  PERIOD  ANGLO-SAXON  CHURCH       183 

secured  to  them  by  law  or  not),  might  be  thought  necessary. 
In  the  parts  of  England  under  Danish  government  there 
would  be  a  mixed  population  of  Anglo-Saxon  Christians — 
the  more  numerous,  but  the  weaker  class — and  Danes,  the  rul- 
ing, military,  and  powerful  class,  of  whom  many  were  pagans, 
or  not  much  better.  It  was  to  be  expected,  with  this  state 
of  things  in  prospect,  and  with  the  experience  which  they 
had  of  the  past,  that  the  bishops  and  clergy  of  (what  I  may 
call)  the  ceded  provinces  should  look  to  Edward,  as  lord 
paramount  of  all  England,  for  special  protection ;  that  his 
ecclesiastical  counsellors  should  use  their  influence  with 
him  to  obtain  a  treaty  of  this  character  ;  and  that  he  should 
consider  it  a  duty  incumbent  upon  him  to  stipulate  for  the 
protection  which  they  desired. 

It  was  natural  that  such  stipulations,  in  such  a  treaty, 
for  the  benefit  of  the  Church  in  dioceses  under  Danish 
government,  should  before  long  be  followed  by  corre- 
sponding legislation  for  other  parts  of  the  Anglo-Saxon 
kingdom.  The  political  power  of  ecclesiastics  was  on  the 
increase.  The  observances  and  church  dues  in  question 
were  customary,  and  were  recognised  as  of  canonical  obli- 
gation ;  custom,  in  certain  states  of  society,  passes  easily 
into  law;  and  the  line  of  separation  between  civil  and 
ecclesiastical  legislation  was  not  then  clearly  drawn. 

§  8.  King  Athelstan's  Tithe  Ordinance. 

A  royal  injunction  for  the  payment  of  tithes,  although 
not  made  or  confirmed  in  the  manner  necessary  to  give  it  the 
force  of  a  national  law,  was  a  step  of  much  importance  in 
that  direction.  That  step  was  taken  by  Athelstan,  Edward's 
successor,  about  a.d.  927, — whether  at  the  time  when  the 
Council  of  Greatanlea  was  held,  or  not,  seems  to  me  un- 


i84  ANCIENT  FACTS  AND  FICTIONS  part  ii 

certain.     I  do  not  understand,  from  the  text  of  the  first 

*  Ordinance  of  King  Athelstan,'  ^  as  printed  by  Mr.  Thorpe, 
that  the  Council  of  Greatanlea  is  mentioned  in  the  Anglo- 
Saxon  manuscript  of  that  ordinance.  It  is  distinguished, 
both  by  a  separate  title  and  by  internal  evidence,  from-  the 
laws  which  follow  (headed  Athelstan's  Ordinances),^  and 
which  are  on  subjects  really  secular.  The  Tithe  Ordinance 
was  a  royal  injunction,  addressed  to  the  king's  reeves,  and  to 
the  bishops  and  ealdormen ;  it  purports  to  have  been  made, 
not  with  the   concurrence   of  the   ecclesiastical   and   lay 

*  witan,'  but  by  the  king,  *  with  the  counsel  of  Wulfhelm^ 
archbishop,  and  of  my  other  bishops!  It  was  communicated, 
as  a  royal  message,  to  'the  bishops,  thegns,  counts,  and 
villeins  of  Kent ; '  who  acknowledged  it  in  a  dutiful  reply,^ 
thanking  the  king  for  'his  admonition,'  and  stating  their 
willingness  and  desire  to  comply  with  it.  They  called  it  by 
its  proper  name;  it  was  not  (as  Dean  Hook  calls  it)  a 
'Canon;'  it  was  a  Royal  Admonition — conceived  under 
ecclesiastical  advice,  and  in  ecclesiastical  style. 

It  is  in  these  terms  :  * 

'  I,  Athelstan,  king,  with  the  counsel  of  Wulflielm,  arch- 
bishop, and  of  my  other  bishops,  make  known  to  the  reeves 
at  each  burgh,  and  beseech  you,  in  God's  name,  and  by  all 
His  saints,  and  also  by  my  friendship,  that  ye  first  of  my  own 
goods  render  the  tithes,  both  of  the  live  stock  and  of  the  year's 
earthly  fruits,  so  as  they  may  most  rightly  be  either  meted,  or 
told,  or  weighed  out ;  and  let  the  bishops  then  do  the  like  from 
their  own  goods  ;  and  my  ealdormen  and  my  reeves  the  same. 
And  I  will,  that  the  bishops  and  the  reeves  command  it  to  all 
who  ought  to  obey  them,  that  it  be  done  at  the  right  term. 
Let  us  bear  in  mind  how  Jacob  the  Patriarch  spake  :  "  I  will 

1  Thorpe's  Ancient  Laws ^  etc.,  vol.  i.  pp.  195-199. 

2  Ibid.,  p.  199.     (Both  these  distmct  titles  are  in  the  Anglo-Saxon 
manuscripts.)  '  Ibid.,  p.  216.  *  Ibid.,  p.  195. 


CHAP.  IV     THIRD  PERIOD  ANGLO-SAXON  CHURCH       185 

offer  to  Thee  tithes,  and  sacrifices  of  peace  ; "  and  how  Moses 
spake  in  God's  law  :  "  Thou  shalt  not  delay  to  offer  thy  tithes 
and  first-fruits  to  the  Lord."  It  is  for  us  to  think  how  awfully 
it  is  declared  in  the  books :  If  we  will  not  render  the  tithes  to 
God,  that  He  will  take  from  us  the  nine  parts  when  we  least 
expect  ;  and  moreover,  we  have  the  sin  in  addition  thereto. 

'  And  I  will,  also,  that  my  reeves  so  do,  that  there  be  given 
the  church-scots  and  the  soul-scots,  at  the  places  to  which  they 
rightly  belong  ;  and  plough -alms  yearly,  on  this  condition  : 
that  they  shall  enjoy  it  at  the  holy  places  who  are  willing  to 
serve  their  churches,  and  of  God  and  of  me  are  willing  to 
deserve  it ;  but  let  him  who  will  not,  forfeit  the  bounty,  or 
again  turn  to  right. 

*  Now  ye  hear,  saith  the  king,  what  I  give  to  God,  and  what 
ye  ought  to  fulfil  under  the  penalty  of  contempt  of  my  authority. 
And  do  ye  also  so,  that  you  may  give  to  me  my  own,  what  ye 
for  me  may  justly  acquire.  I  will  not  that  ye  unjustly  any- 
where acquire  aught  for  me  ;  but  I  will  grant  to  you  your  own 
justly,  on  this  condition  that  ye  yield  me  mine  ;  and  shield  both 
yourselves,  and  those  whom  ye  ought  to  exhort,  against  God's 
anger,  and  against  the  penalty  of  contempt  for  my  authority.' 

This  is  not,  in  form,  a  public  legislative  act.  It  is  a 
command,  authoritative  indeed,  but  only  an  exercise  of  the 
king's  authority  over  his  own  reeves,  and  the  bishops  and 
ealdormen,  to  whom  it  was  addressed ;  and  who,  on  their 
part,  were  to  use  such  an  authority  over  others  '  who  ought 
to  obey  them,'  as  they  possessed  by  law.  The  penalties 
to  which  it  referred,  and  to  which  those  who  neglected  to 
obey  it  might  be  liable,  were  those  of  contempt  against 
the  royal  authority — not  fine  or  punishment  for  non-pay- 
ment of  tithes. 

I  shall  now  revert  to  a  subject  earlier  in  date,  which  it 
has  been  convenient  to  postpone  for  separate  consideration 
— that  of  King  Ethelwulf 's  charters ;  once  supposed  to  have 
operated  as  a  public  grant  of  tithes  to  the  Church  through- 
out the  united  Anglo-Saxon  kingdom. 


o     -  ,£    r 


CHAPTER    V 

THIRD    PERIOD KING    ETHELWULF'S    CHARTERS 

§  I.  History  of  the  opinion  that  Ethelwulf  made  a  grant 
of  Tithes 

Selden,  after  examining  some  of  the  authorities,  and  par- 
ticularly Ingulph,  whom  he  trusted,  interpreted  a  charter  of 
King  Ethelwulf,  passed  in  a  witenagemot  of  his  kingdom 
in  A.D.  844,  of  which  the  text  (differently  reported,  under 
wrong  dates,  and  more  or  less  corrupted)  was  found  in 
several  chronicles,  as  a  grant  of  praedial  tithes  of  the 
fruits  of  all  lands,  as  to  which  that  king  could  legislate, 
to  the  Church  for  ever.  After  Selden's  time  it  became 
common  for  historians  and  ecclesiastical  writers  to  speak 
of  such  a  grant  of  tithes  by  King  Ethelwulf  as  an  undoubted 
fact.  It  is  sufficient  to  name  Dean  Comber,^  Dean  Prideaux  ^ 
(who  insisted  much  upon  it,  as  the  true  legal  foundation  of 
the  right  of  the  clergy  to  tithes  throughout  England),  Hume,^ 
Rapin,*  Echard,^  and  Milman.^ 

I  am  not  sure  that  I  understand — certainly  I  do  not 
adopt — the  argument,  that  Ethelwulf  did  not  make  a  gift 

1  Historical  Vindication  of  the  Divine  Right  of  Tithes  (1682),  p.  169. 

2  Original  and  Right  of  Tithes  {t^.  1736,  pp.  104-124). 
'  Hist,  of  England  ifid.  1826),  vol.  i.  pp.  64,  65. 

*  Book  iv.,  vol.  i.  p.  86.  ^  Book  i.,  cap.  4,  pp.  65,  66. 

^  Hist,  of  Latin  Christianity ^  vol.  ix.  p.  10. 


CHAP.  V  KING  ETHELWULF'S  CHARTERS  187 

of  the  tithe,  'because  it  was  not  his  to  bestow.'^  The 
charter  by  which  that  gift  was  supposed  to  have  been  made 
was  a  legislative  act,  assented  to  by  the  witenagemot  of  his 
kingdom.  Such  an  act  might  operate  upon  all  the  property 
in  the  kingdom,  though  not  belonging  to  the  king.  Even 
if  the  same  thing  had  been  already  done,  it  would  not 
have  been  unprecedented  in  those  times  to  confirm  an  old 
grant  (without  mentioning  it)  by  a  new. 

§  2.   Traditions  of  the  Chroniclers. 

How  the  chroniclers  referred  to  by  Selden  (to  whom 
others  must  be  added)  understood  the  matter,  is  (as  Selden 
justly  said)  '  best  known  by  the  words  wherein  they  sum  it.' 
These  witnesses,  whatever  their  value,  may  be  classified 
under  five  divisions — (i)  those  whose  language  seems  to 
import  a  grant,  not  of  tithes,  but  of  lands;  (2)  those  who 
use  the  verb  tithed  (decifnavit) ;  (3)  those  who  speak  of  a 
grant  of  lands  released  from  services  or  burdens ;  (4)  those 
who  speak  of  release  from  services  or  burdens  as  the  sub- 
stance of  the  grant;  and  (5)  those  who  speak,  unequivoc- 
ally, of  tithes. 

I.  To  the  first  class  belong  the  Anglo-Saxon  Chronicle 
(as  to  this  part,  of  the  ninth  century),  and  Hoveden  (of  the 
thirteenth). 

I.  The  Anglo-Saxon  Chronicle.'^ — 'a.d.  855.  In  this 
year  King  Ethelwulf  chartered  the  tenth  part  of  his  land  and 
also  of  his  whole  kingdom,  for  the  glory  of  God  and  his  own 
eternal  salvation.'     Whelock's  Latin  translation  is  :  decimam 

^  Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  637,  note ;  and  see 
Hook,  Lives  of  Archbishops,  vol.  i.  p.  288. 

2  Thorpe's  A.-S.  Chron.  (1861),  vol.  i.  pp.  124,  125  ;  vol.  ii.  p.  57. 
The  original  of  the  material  words  is,  *  gebocade  Aethelwulf  cyning 
teothan  duel  his  landes  ofer  cat  his  rice.'' 


i88  ANCIENT  FACTS  AND  FICTIONS  part  ii 

terrcR  sucb  ei  regnt  quoque  totius  partem  libra  inscribens^  in 
laiidem  Dei,  suceque  etiani  cBterncR  saluti  consulens,  dicavii)} 

2.  Hoveden?" — *  Ethelwulf,  the  illustrious  King  of  Wes- 
sex,  in  the  nineteenth  year  of  his  reign,  set  apart  a  tenth  of 
all  the  lands  in  his  kingdom,  and  bestowed  it  upon  the 
Church  for  the  love  of  God,  and  for  his  own  salvation.' 

II.  To  the  second  class  belong  Ethel  ward  (tenth  cen- 
tury); Henry  of  Huntingdon,  Symeon  of  Durham,  and 
Ailred  of  Rievaulx  (twelfth  century) ;  Robert  of  Gloucester 
(thirteenth) ;  and  a  French  Annalist,  cited  by  Selden. 

1.  Ethelward.^ — 'a.d.  855.  In  this  year  King  Ethel- 
wulf tithed  all  his  possessions  to  be  the  Lord's  portion,  and 
so  appointed  it  to  be  in  all  the  government  of  his  kingdom ' 
(decumavit  de  omni  possess ione  sua  in  partem  Domini ;  et  in 
universo  regimine  principatus  sui  sic  constituit). 

2.  Huntingdon. — *  a.d.  854.  In  the  nineteenth  year  of 
his  reign,  Ethelwulf  tithed  all  his  land  to  the  use  of  churches, 
for  God's  love  and  his  own  redemption '  {totam  terram 
suatn  ad  opus  ecclesiarum  decumavit,  propter  amorem  Dei  et 
redemptionem  sui). 

3.  Symeon.^ — *a.d.  855.  At  this  time  King  Ethelwulf 
tithed  all  the  empire  of  his  kingdom  {decimavit  totum  regni 
sui  imperium)  for  the  ransom  (redemptione)  of  his  own  soul, 
and  the  souls  of  his  ancestors.' 

4.  Ailred.^ — '  So  great  was  his  zeal  in  almsgiving,  that 

he  tithed  all  his  land  for  Christ,  and  divided  the  tenth  part 

among  monasteries  and  churches '  {ut  tota?n  terram  suam 

pro   Christo  decimaret,  et  partem  decimam  per  ecclesias  et 

monasteria  divideret). 

^  Whelock's  Bede  (Appendix,  p.  530).      ^  Riley's  transl.  (1853),  p.  38. 
'  Book  iii.,  cap.  3  (Transl.  in  Giles,  Six  Old  English  Chronicles, 
1848,  pp.  23,  24). 

*  Savile's  Hist.  Angl.  Script.  X,  p.  121.  ^  Ibid.,  p.  351. 


CHAP.  V         KING  ETHELWULF'S  CHARTERS  189 

5.  Robert  of  Gloucester  :'^ 

*  The  king  hereafter  to  holy  Chyrche  ys  herte  the  more  drou, 
And  tethegede  wel  and  al  ys  lond,  as  he  agte  wel  ynou.' 

6.  The  French  Annalist? — '  He  tithed  the  tenth  plough- 
land  of  all  Wessex  to  feed  and  clothe  the  poor '  {dismast 
la  dime  hide  de  tute  West-Saxe  .  .  .  pur  pestre  et  vestre  les 
pouvres). 

III.  To  the  third  class  belong  William  of  Malmesbury 
(twelfth  century);  Roger  of  Wendover  (thirteenth);  Matthew 
of  Westminster,  and  Bromton  (fourteenth) ;  and  Stow 
(sixteenth  century). 

1.  Malmesbury? — '  Turning  himself  to  God's  worship,  he 
granted  to  Christ's  servants  the  tenth  part  of  all  the  plough- 
lands  within  his  kingdom,  free  from  all  duties,  and  discharged 
from  all  liability  to  disturbance'  (ad  Dei  cultum  versus^ 
decimam  otnjiium  hydarum  infra  regnum  suum  Christifamtdis 
concessit^  liber  am  ab  omnibus  functionibus^  absolutam  ab  omni- 
bus inquietudinibus). 

2.  Wendover.^ — *  a.d.  854.  In  this  year,  the  magnificent 
.King  Ethelwulf  conferred  upon  God,  and  the  blessed  Mary, 
and  all  the  saints,  the  tenth  part  of  his  kingdom,  free  from 
all  secular  services,  exactions,  and  tributes '  {decimam  regni  sui 
partem  Deo  beatce  Marice  et  omnibus  Sanctis  contulit^  liberam 
ab  omnibus  servitiis  sceculanbus^  exactionibus^  et  tributis). 

^  Ilearae's  edition  (Oxford,  1724),  p.  261.     Selden  thus  gives  the 
lines : 

'  The  king  to  holye  Chirche  thereafter  ever  the  more  drough, 
And  tithed  well  all  his  lond,  as  he  ought,  well  enough.' 
{Hist,  of  Tithes,  1618,  p.  206). 

2  Cited  by  Selden  {ibid.,  p.  205)  from  a  fragment  at  the  end  of  a 
manuscript  of  Nicholas  of  Gloucester,  in  the  Cottonian  Library. 
^  Gesta  Regum  (Hardy's  ed.  1840,  p.  149). 
*  Coxe's  ed.  1841,  p.  288. 


I90  ANCIENT  FACTS  AND  FICTIONS  part  ii 

3.  Matthew  Westminster'^  {verbatim^  as  in  Wendover). 

4.  BrotntonP- — '  It  is  written,  that  King  Ethelwulf  gave 
to  God  and  the  Church  the  tenth  ploughland  of  the 
whole  land  of  Wessex,  free  and  quit  of  all  secular  services, 
for  the  food  and  clothing  of  the  poor,  weak,  and  infirm' 
{decimam  hidam  terrcB  totius  West-Saxiae  Deo  et  ecclesice 
contulit,  ab  omnibus  servitiis  soscularibus  liberam  et  quietam^ 
ad  pascendiim  et  vestiendum  pauper es,  debiles^  et  infirm os). 

5.  Stow.^ — 'This  Athelwulfus  did  make  the  tenth  part 
of  his  kingdom  free  from  tribute  and  service  to  the  king, 
and  gave  it  to  them  that  did  serve  Christ  in  the  Church.' 

IV.  To  the  fourth  class  belong  Asser  (ninth  century) ; 
Florence  of  Worcester  (eleventh) ;  and  Ralph  de  Diceto, 
Dean  of  St.  Paul's  (twelfth). 

1.  Assert — 'a.d.  855.  In  this  year,  Ethelwulf,  the 
worshipful  King  of  the  West  Saxons,  released  the  tenth 
part  of  his  whole  kingdom  from  all  royal  service  and  tribute  ; 
and  by  a  perpetual  inscription  offered  it  as  a  sacrifice  on 
the  cross  of  Christ  to  the  Triune  God,  for  the  ransom  of 
his  own  soul,  and  the  souls  of  his  ancestors'  {decimam 
totius  regni  sui  partem  ab  ottini  regali  servitio  et  tributo  liber- 
avity  et  in  sempiterno  grafio,  in  cruce  Christie  pro  redemptione 
animce  suae,  et  antecessorum  suorum^  Uni  et  Trino  Deo  im- 
molavit). 

2.  Florence^  (^erbatimy  as  in  Asser). 

3.  Diceto.^ — *  A.D.  849.  Ethelwulf,  King  of  the  English, 
released  the  tenth  part  of  his  whole  kingdom  from  all 

1  Frankfort  ed.  1601,  p.  138.  *  Qale,  Script.  XX.,  p.  808. 

8  Annals  (Hawes'  ed.  1631),  p.  'j*]. 

4  Gale  {Script.  XX.\  p.  156.  Asser  was  tutor  to  King  Alfred, 
Ethelwulf's  son ;  and  also  his  biographer.  He  is,  therefore,  the  best 
witness  on  this  subject.  ^  Thorpe's  ed.  1848,  p.  74. 

•  Savile  {^Hist.  Angl.  Script.  X.\  p.  450. 


CHAP.  V  KING  ETHELWULF'S  CHARTERS  191 

royal  service ;  and  went  to  Rome,'  etc.  (decimam  totius  regni 
partem  ab  omni  regali  servitio  liber avit:  Romam  perrexit^  etc.) 

V.  To  the  fifth  class  belong  Ingulph  (or  whoever  wrote 
under  his  name,  not  earlier  than  the  eleventh  century) ;  John, 
Abbot  of  Peterborough  (thirteenth) ;  Langtoft  (fourteenth) ; 
Hardyng  (fifteenth) ;  and  Holinshed  (sixteenth  century). 

I.  Ingulph} — *A.D.  855.  It  added  to  the  prosperity  of 
the  old  age  [of  Guthlac,  Abbot  of  Crowland],  that  Ethelwulf, 
the  famous  King  of  the  West  Saxons,  soon  after  his  return 
from  Rome  (whither  he  had  gone  abroad  with  his  youngest 
son  Alfred  to  visit,  with  great  devotion,  the  thresholds  of 
the  Apostles  Peter  and  Paul,  and  the  most  holy  Pope  Leo), 
with  the  free  consent  of  all  his  prelates  and  princes,  who 
presided  under  him  over  the  various  provinces  of  all 
England,  then  first  endowed  the  whole  English  Church 
throughout  his  realm  with  the  tithes  of  all  his  lands  and 
goods  and  chattels  by  a  writing  under  his  royal  hand,  in 
this  form ' :  {cum  decimis  omnium  terrarum  ac  bonortcm  sive 
catalloriim  universam  dotaverat  Anglicanam  ecdesiam  per 
suum  regium  chirographum  confectum,  etc)  The  charter 
is  then  set  forth ;  after  which  the  narrative  is  resumed. 
*  But  King  Ethelwulf,  for  fuller  assurance,  laid  this  written 
charter  (hanc  chartulam  scriptam)  on  the  altar  of  the  church 
of  the  Apostle  St.  Peter  [at  Winchester] ;  and  the  bishops, 
for  God's  faith,  received  it,  and  afterwards  transmitted  it 
for  publication  throughout  all  the  churches  of  their  dioceses ' 
{per  omnes  ecclesias  postea  transmiserunt  in  suis  parochiis 
publicandani). 

$.  John,  Abbot  of  Peterborough.^ — *a.d.  855.    Ethelwulf 

^  Fulman  {Rer.  Angl.  Script.,  1684),  p.  17. 

*  Hist.  Angl.  Script.  J^m  (London,  1724),  p.  14. 


192  ANCIENT  FACTS  AND  FICTIONS  part  n 

was  the  first  of  the  English  who  gave   tithes   to   God' 
{decitnas  primus  Anglorum  Deo  dedit), 

3.  Langtoft — ^ 

*  He  was  first  of  England,  that  gaf  God  his  tithe 
Of  issue  of  bestes,  of  londes,  or  of  tilth.' 

4.  Hardyng — ^ 

'  He  graunted  the  Church  tythes  of  corne  and  haye, 
Of  bestial  also,  through  West-Sex,  for  aye.' 

5.  Holinshed,^ — *In  the  nineteenth  year  of  his  reign. 
King  Ethelwulf  ordained  that  the  tenths  or  tithes  of  all 
lands,  due  to  be  paid  to  the  Church,  should  be  free  from 
all  tribute,  duties,  or  services  royal.' 

§  3.  SelderCs  Interpretation. 

Selden  *  acknowledged  the  difficulty  of  reconciling  the 
divergent  statements  of  these  chroniclers;  and  also  that 
'  out  of  the  corrupted  language  of  the  charter  it  was  hard 
to  collect  what  the  exact  meaning  was.'  But  he  thought 
the  difficulty  might  be  overcome  by  understanding  *the 
granting  of  the  tenth  part  of  the  hides  or  plough-lands' 
to  'denote  the  tenth  of  all  profits  growing  in  them'; 
and  he  compared  such  a  mode  of  expression  with 
'the  tenth  acre  as  the  plough  shall  go'  {decima  acra 
sicut  aratrum  peragrabit\  which,  he  said,  was  'used  for 
tithing  of  the  profits,  in  the  laws  of  Kings  Edgar,  Ethelred, 
and  Knout.'  And,  thinking  that  construction  also  sup- 
ported by  the  language  of  those  chroniclers  who  spoke  of 

1  Hearne's  ed.  (Oxford,  1725),  p.  19. 

*  Page  193.  '  Book  vi.,  cap.  10. 

*  Hist,  of  Tithes,  ch.  8,  §  4  (ed.  1618,  p.  205). 


CHAP.  V         KING  ETHELWULF'S  CHARTERS  193 

decimation  of  the  lands  of  the  kingdom,  he  arrived  at  the 
conclusion  thus  expressed  : 

'If  we  well  consider  the  words  of  the  chief  est  of  these 
ancients^  that  is^  Inguiphus^  we  may  conjecture  that  the  pur- 
pose of  the  charter  was  to  make  a  general  grant  of  tithes,  pay- 
able freely,  and  discharged  from  all  kinds  of  exactions  used  in 
that  time.' 

This  reasoning  is  not  satisfactory ;  and  perhaps  it  might 
not  have  appeared  so  to  Selden,  if  he  had  esteemed  the 
authority  of  Ingulph  less  highly  than  he  did.  It  is  doing 
no  small  violence  to  the  natural  sense  of  words  to  interpret 
'  inscribing  in  a  book  the  tenth  part  of  his  la?id  and  also  of 
his  whole  kingdom^ — ''gave  the  tenth  part  of  his  kingdom,^ 
— ^gave  to  God  and  the  Church  the  tenth plough-lafid  of  all  the 
land  of  Wessexj' — '  released  the  tenth  part  of  his  whole  kijigdom 
fro?n  royal  service^ — as  relating  to  tithes  of  the  produce  of 
land,  and  not  to  land  itself.  Nor  is  such  a  construction  of 
such  words,  without  any  context  to  justify  it,  warranted  by 
the  analogy  of  any  phrases  used  in  the  laws  of  Edgar, 
Ethelred,  or  Canute.  In  the  laws  of  Edgar  the  phrase  men- 
tioned by  Selden  does  not  occur ;  his  own^  Latin  translation 
of  the  only  law  of  Edgar  in  which  the  plough  is  mentioned 
is — ^Reddatur  omnis  Deci7natio  ad  Matrem  Ecclesiam  cui 
parochia  adfacet  de  terra  Thainorum  et  Villanorum  sicut 
aratrum  peragrabit^^  manifestly  relating  to  the  render  of 
tithes.  The  phrase  does  occur  in  Ethelred's  *  Ordinances  of 
Habam,'  which  we  know  only  from  the  Latin  of  Bromton, 
and  which  I  again  take  as  Selden  ^  gives  it : — *  Let  every 
man  .  .  .  give  his  church -scot  and  proper  tithe  {rectam 
decimani)^  as  in  the  days  of  our  ancestors,  when  he  did 
it  best ;  that  is,  as  the  plough  shall  go  through  the  tenth 
acre '  {sicut  aratrum  peragrabit  decimam  acram).     It  is  not 

1  Hist,  of  Tithes  (ed.  1618),  p.  219.  2  //^^^^^  pp_  222,  223. 

O 


194  ANCIENT  FACTS  AND  FICTIONS  part  ii 

the  tenth  acre  which  is  the  subject  of  the  payment 
directed ;  it  is  the  tithe,  to  be  collected  fro7n  every  tenth 
acre.  And  in  Canute's^  law  the  same  language  occurs, 
in  a  similar  context,  if  possible  still  more  clear. 

As  for  the  word  decimation^  it  is  not  less  appropriate  to 
a  gift,  or  to  a  release  from  tribute  or  service,  of  the  tenth 
part  of  lands,  than  to  a  gift  of  the  tenth  part  of  the  pro- 
duce of  lands.  Selden  himself  mentions  instances  (to  which 
I  have  elsewhere  referred)^  of  decimal  gifts,  which  had 
nothing  to  do  with  tithes.  In  those  cases,  and  in  others, 
— such  as  the  extraordinary  tithe  spoken  of  by  Giraldus 
Cambrensis,^  the  special  tithes  levied  by  Boniface  VIII.'* 
on  ecclesiastical  persons  for  the  prosecution  of  his  wars  in 
Sicily,  and  the  Crusaders'  or  'Saladin'  tithe  ^  levied  in 
A.D.  1 1 88  under  the  Le  Mans  Ordinance  of  Henry  II. 
in  Anjou,  and  the  articles  of  the  Council  of  Geddington  in 
England, — the  decimal  measure  was  suggested,  doubtless,  by 
the  same  principle,  derived  from  patriarchal  and  Levitical 
precedents,  with  tithes  paid  for  the  support  of  the  ministry 
and  charities  of  the  Church.  But  they  had  nothing,  be- 
yond that  principle,  in  common  with  praedial  tithes.  And 
there  is  nothing  more  than  this  in  the  verb  'decimated,' 
used  by  Chroniclers  of  my  second  class  as  to  Ethelwulfs 
charter.  Their  language  is  the  same  with  that  of  those 
whom  I  have  placed  in  the  first,  third,  and  fourth  classes, 
except  that,  where  the  other  Chroniclers  use  a  noun,  they 
use  the  corresponding  verb. 

If  Selden's  is  a  great  name,  so  is  that  of  the  earliest 

1  Hist,  of  Tithes  (ed.  i6i8),  pp.  223,  224. 

2  Ibid.^  p.  208  [ante^  p.  149). 

*  Ante,  p.  loi.  *  Extrav.  Decret.,  lib.  iii.,  tit.  vii.,  cap.  i. 

^  See   Gesta  Henrtct  II.   (Stubbs),  vol.  ii.   p.   31;  and  Go-vase  of 
Canterbury  (Stubbs),  vol.  i.  p.  409. 


CHAP.  V  KING  ETHELWULF'S  CHARTERS  195 

writer  after  him,  who  touched  on  the  same  matter — John 
Milton.  In  his  History  of  Britain  before  the  Conquest^ 
Milton  placed  upon  the  language  of  the  older  Chronicles 
its  natural  construction.  Ethelwulf,  he  says,  'in  hope  of 
divine  aid,  registered  in  a  book,  and  dedicated  to  God, 
the  tenth  part  of  his  own  lands  and  of  his  whole  kingdom, 
eased  of  all  impositions,  and  consecrated  to  the  mainten- 
ance of  masses  and  psalms  weekly  to  be  sung  for  the  pros- 
perity of  Ethelwulf  and  his  captains ;  as  appears  at  large 
by  the  patent  itself  in  William  of  Malmesbury.' 


§  4.   The  Extant  Charters. 

It  is  obvious  that,  unless  all  the  Chronicles  can  be  re- 
conciled in  the  way  which  Selden  thought  possible,  the 
choice  (so  far  as  the  question  depends  upon,  or  may  be 
affected  by,  their  traditions),  lies  between  Asser,  the  Anglo- 
Saxon  Chronicle,  and  Malmesbury  on  the  one  hand,  and 
Ingulph  on  the  other.  The  later  writers  may  all  be  re- 
garded as  following  one  or  other  of  these. 

But  the  charters  which  have  come  down  to  us,  if 
genuine,  are  surer  guides  than  any  such  tradition.  Their 
genuineness  has  been  doubted  j^  and  their  text  may  be 
(as  Selden  thought  it)  more  or  less  corrupted.  But  I  do 
not  think  it  possible  to  explain  their  number,  and  their 
form,  on  any  other  supposition,  than  that  of  the  genuine- 
ness of  some,  if  not  all,  of  them;  nor  do  I  think  it 
necessary  to  except  from  that  favourable  presumption  the 
charter  which  Ingulph  has  recorded;  which  is,  evidently^ 

1  Milton's  Prose  Works  (Fletcher's  ed.  1834),  book  v.,  p.  530. 

2  See  Haddan  and  Stubbs,   CottncilSy  vol.  iii.  pp.  638,  639,  640, 
notes. 


196  ANCIENT  FACTS  AND  FICTIONS  part  ii 

an  abridgment  (with  some  corruption)  of  the  earlier  of  the 
two  mentioned  by  Malmesbury.^ 

Since  Selden's  time  much  additional  light  has  been 
thrown  on  this  subject,  by  the  collection  and  arrangement 
of  many  documents  bearing  upon  it.  Most  of  them  have 
been  collected  and  classified  in  the  learned  works  of  Mr. 
Kemble,^  and  of  Mr.  Haddan  and  Bishop  Stubbs.^  Mr. 
Birch,  in  his  Cartularium  Saxonicum^^  mentions  twenty- 
eight  in  all.  Without  entering  into  the  question  which 
(if  any)  of  them  are  spurious,  the  result  confirms  Malmes- 
bury's  statement,  that  there  were  two  governing  (or, 
as  they  might  be  called  in  modern  phrase,  parliamentary) 
charters,  passed  by  Ethelwulf  with  the  concurrence  of 
witenagemots — the  one  in  the  earlier,  the  other  in  the 
latter  part  of  his  reign  ;  and  they  show,  by  a  number  of  in- 
stances, how  the  benefit  of  those  governing  charters  was 
applied  to  particular  lands,  in  favour  of  religious  houses  and 
of  public  servants  of  the  realm.  To  understand  their  true 
effect,  little  more  is  necessary  than  attention  to  the  difference, 
in  Anglo-Saxon  law,  between  the  two  kinds  of  landed  pro- 
perty, cdlXtdi  folcland  and  bocland. 

^  Folcland  was  the  property  of  the  community.  It  might 
be  occupied  in  common,  or  possessed  in  severalty.  .  .  .  But, 
while  it  continued  to  htfolcland^  it  could  not  be  alienated  in  per- 
petuity ;  and  therefore,  on  the  expiration  of  the  term  for  which 
it  had  been  granted,^  it  reverted  to  the  community,  and  was 
again  distributed  by  the  same  authority.  Folcland  was  sub- 
ject to  many  burdens  and  exactions  from  which  bocland  was 

^  The  charter  given  (in  an  abridged  form)  by  Wendover,  and  after 
him  by  Matthew  of  Westminster,  is  also  the  same. 

2  Codex  Diplomaiicus  ALvi  Saxonici  (1840),  vol.  ii. 

3  Haddan  and  Stubbs,  Councils^  vol.  iii.  pp.  625-645. 

4  Vol.  ii.  pp.  5-93  (London  1885). 

^  It  was,  generally,  granted  for  life  only. 


CHAP.  V         KING  ETHELWULF'S  CHARTERS  197 

exempt.  The  possessors  oi  folcland  were  bound  to  assist 
in  the  reparation  of  royal  vills  and  in  other  public  works. 
They  were  liable  to  have  travellers  and  others  quartered  upon 
them  for  subsistence.  They  were  required  to  give  hospitality 
to  kings  and  great  men  in  their  progresses  through  the  country; 
to  furnish  them  with  carriages  and  relays  of  horses,  and  to  ex- 
tend the  same  assistance  to  their  messengers,  followers,  and 
servants,  and  even  to  the  persons  who  had  charge  of  their 
hawks,  horses,  and  hounds.  Such,  at  least,  are  the  burdens 
from  which  lands  were  liberated,  when  converted  by  charter 
into  bocland.''  ^ 

The  learned  author,  from  whose  work  this  extract  is 
taken,  goes  on  to  refute  some  erroneous  notions  into  which 
Spelman,  Lambarde,  Somner,  and  in  more  recent  times 
Blackstone,  had  fallen,  when  they  supposed  y^/^A7«^  to  have 
been  always  held  by  serfs  in  villenage,  or  only  by  the  com- 
mon people.  It  might  be,  and  it  was,  '  held  by  freemen  of 
all  ranks  and  conditions ;'  by  noblemen  of  the  highest  rank 
(of  which  he  mentions  an  instance  in  King  Alfred's  time) ; 
it  was  *  assignable  to  the  thegns,  or  military  servants  of  the 
State,  as  the  stipend  or  reward  for  their  services ' ;  and  it 
was  often  bestowed  on  monasteries  and  the  Church. 

Those  who  held  folcland  on  these  conditions  of  tenure 
were,  for  breach  of  them,  liable  to  forfeiture,  or  to  penalties 
called  ivite-rceden^  that  is,  fines  or  mulcts,  exigible  in 
addition  to  the  performance  of  the  principal  obligation. 

1  Allen's  Inquiry  into  the  Rise  and  Growth  of  the  Royal  Prerogative 
in  England^  pp.  143-149. 

2  Seethe  use  of  this  word  in  Ina's  laws,  §§  50,  71  (Thorpe's  Ancient 
Laws  and  Institutes^  vol.  i.  pp.  135,  149;  and  '  Glossary,'  ibid.^  vol.  ii., 
voce  '  Wite ').  In  the  grant  by  Ethelwulf  to  the  Thegn  Duda  (a.  d.  840) 
this  term  is  evidently  rendered  into  Latin  by  the  words  poenalium 
rerum ;  and  in  the  remarkable  instance  of  that  king's  conversion  of 
folcland  into  hocland  in  his  own  favour  (a.d.  847),  with  the  'consent 
and  license  of  his  bishops  and  princes,'  it  is  comprehended  in  the  words 
vi  exactorum  operutn  sive  poenalium  causarum '  (Birch,  Cartularium^ 
vol.  ii.  pp.  5  and  33). 


198  ANCIENT  FACTS  AND  FICTIONS  part  ii 

'  Boclaitd  (or  land  held  by  book  or  charter)  had  been  severed 
by  an  act  of  government  from  X\\q  folcland,  and  converted  into 
an  estate  of  perpetual  inheritance.  It  might  belong  to  the 
Church,  to  the  king,  or  to  a  subject  .  .  .  Bocland  was  released 
from  all  services  to  the  public,  with  the  exception  of  contribut- 
ing to  military  expeditions,  and  to  the  reparation  of  castles 
and  bridges.  These  duties  or  services  were  comprised  in  the 
phrase,  trinoda  necessitas;  which  were  said  to  be  incumbent 
on  all  persons,  so  that  none  could  be  excused  from  them.  The 
Church,  indeed,  contrived  in  some  cases  to  obtain  an  exemption 
from  them  :  but  in  general  its  lands,  like  those  of  others,  were 
subject  to  them.'  i 

The  release  of  foldand  from  the  services,  duties,  ex- 
actions, penalties,  and  forfeitures  thus  incident  to  its 
tenure, — in  other  words,  its  enfranchisement,  and  conver- 
sion into  bocland^ — could  not  be  effected,  even  in  his  own 
favour,  by  the  king,^  without  the  authority  or  consent  of 
the  national  legislature.  It  became  a  frequent  practice 
so  to  enfranchise  particular  lands,  in  favour  of  particular 
persons,  by  charters  to  which  witenagemots  consented.^ 
By  the  celebrated  '  privilege '  *  of  Wihtraed,  King  of  Kent 
(confirmed  by  Ethelbald  of  Mercia  in  a.d.  742),  this  had 
been  done  in  a  more  general  way,  as  to  all  the  lands  of  the 
cathedral  churches  of  Canterbury  and  Rochester,  and  eight 
other  monasteries  there  mentioned.  But  when  Ethelwulf 
succeeded  to  the  crown,  lands  not  so  enfranchised  were, 
to  a  large  extent,  in  the  hands  of  religious  houses,  and 
also  of  powerful  laymen. 

^  Allen's  Ingm'ry,  etc.,  pp.  143-151. 

2  See  the  charter  in  Ethelwulf's  own  favour  in  Birch,  Cartulariunit 
vol.  ii.  p.  33. 

3  See  Kemble's  Codex  Diplomattcus,  vol.  i.  ;  charters  numbered 
138,  140,  141,  142,  161,  162,  163.  And  Ethelwulf's  own  grants  with 
assent  of  the  Witenagemot  before  a.d.  844,  in  Birch's  Cartularitnn 
(numbered  431,  438,  442),  pp.  5,  13,  17,  etc. 

*  Haddan  and  Stubbs,  Councils^  vol.  iii.  pp.  239,  340,  341. 


CHAP.  V  KING  ETHELVVULF'S  CHARTERS  199 

The  copies  or  abridgments  of  the  first  of  the  two 
governing  charters  which  are  the  subject  of  our  present 
inquiry,  found  in  the  pages  of  Ingulph,  of  Mahnesbury's 
Gesta  Reguin^  of  Wendover  and  of  Matthew  of  West- 
minster (and  also  the  abridgment  of  the  second,  ex- 
tracted by  Selden^  from  the  chartularies  of  Abingdon 
Abbey),  contain  no  specification  of  particular  lands.  But 
there  can  be  no  doubt,  that  in  the  originals  from  which 
they  were  taken  (and  which  were  preserved  as  title-deeds 
in  the  monasteries  to  which  they  belonged)  a  specification 
of  particular  lands  in  every  instance  followed ;  as  we  learn 
from  Malmesbury  himself  with  respect  to  his  own  copy. 

His  statement  on  that  point  is  in  the  Gesta  Pontificum  ;'^ 
where,  after  mentioning  certain  quantities  of  land  in  seven 
townships  (of  which  the  names  are  given  ^),  as  enfranchised 
{in  libertate  positd)  under  the  charter  passed  at  Wilton  on 
Easter  Day  a.d.  854,  he  adds  : 

'  The  same  king  had  before,  in  the  first  \f fifth']  year  of  his 
reign,  made  another  charter  of  enfranchisement  {chartam  liber- 
tatis\  to  churches  only,  of  which  I  have  here  omitted  to  make 
mention,  because  I  have  set  it  forth  in  the  Acts  of  the  Kings  j 
wherein  he  had  specified  these  lands  belonging  to  Malmesbury 
Abbey  : — Ellendune^  30  hides  ;  Elmhamstede^  i  5  ;  Wdetune, 
10  ;  Cerlstane,  20  ;   Toccanhajn,  5  ;  Minti,  5  ;  Reodburna^  10.' 

(These  denominations   of  land   being   different   from  the 
seven,  enfranchised  under  the  later  charter.) 

The  charter  thus  stated  by  the  annalist  of  Malmesbury 

1  Hist,  of  Tithes,  ch.  8  (ed.  161 8),  p.  208. 

2  '  Fecerat  autem  solis  ecclesiis  cartam  libertatis,  quam  hie  praeter- 
misi,  quia  in  Geslis  Regum  posui,  anno  primo  regni  sui,  Incarnationis 
DCCCXL^^o  \\\\^,  a  transitu  beati  Aldelmi  centesimo  tricesimo  quinto  ; 
ubi  has  terras  ad  Maldumesburg  pertinentes  nominaverat :  Ellendune, 
etc'  (Hamilton's  ed.  1870,  from  the  original  MS.  of  William  of  Mal- 
mesbury, in  Magdalen  College  Library,  p.  390). 

^  Piretune,  35  ;  Lacot,  15  ;  Suttune^  5  j  Corsaburn^  5  ;  Cridanvilley 
10;  Cemeky  10;  Dojticisie^  il. 


ANCIENT  FACTS  AND  FICTIONS 


Abbey  to  have  been  made  in  the  first  (?  fifth)  ^  year  of  King 
Ethelwulf's  reign  is  manifestly  the  same  with  that  abridged 
by  Ingulph,  and  again  abridged  by  Wendover,  except  that  in 
the  case  of  each  monastery,  the  particular  lands  enfranchised 
(which  these  chroniclers  omitted  to  mention)  would  be 
different.  The  Malmesbury  charter  has  been  printed  by 
Mr.  Kemble,  and  also  by  Mr.  Haddan  and  Bishop  Stubbs, 
from  a  Malmesbury  cartulary,  preserved  in  the  Bodleian 
Library  at  Oxford,  to  which  this  rubric  is  prefixed  : — '  Ho%v 
King  Ethelwulf  decimated  his  land  to  God  aftd  Holy  Churchy 
and  with  what  proportion  of  that  tenth  he  enriched  the 
Church  of  Malmesbury.^  {Quomodo  j^thelwiilfus  Rex  deci- 
mavit  terram  suam  Deo  et  Sanctce  Ecclesice^  et  quota  parte 
hujus  decimce  Meldunensem  Ecclesiam  ditaverit.) 

As  so  printed,  I  now  give  the  substance  (and,  so  far  as 
material,  the  form)  of  that  document. 

It  begins  with  the  words  (too  common,  as  words  of  style 
in  public  charters,  etc.,  of  that  period,  for  anything  to  turn 
upon  them)  'Our  Lord  reigning  for  ever.'^  It  then  speaks 
(in  terms  which  I  have  elsewhere  ^  quoted)  of  the  ravages 
and  depredations  of  the  Danes,  and  the  danger  of  the 
times ;  and  it  proceeds  : 

'  Wherefore  I,  Ethelwulf,  King  of  the  West  Saxons,  with  the 
consent  of  my  bishops  and  princes,  have  resolved  on  a  salutary 
counsel  and  uniform  remedy,  and  have  determined  to  make  a 
gift  of  a  certain  portion  of  land  heritably  to  those  of  all  degrees 
who  are  already  in  possession  of  it,  whether  monks  or  nuns 
serving  God,  or  lay  people,  in  all  cases  of  the  tenth  "  mansion," 
or  at  the  least  the  tenth  part,  perpetually  enfranchised  so  as  to 
be  free  and   protected  from   all   secular   services,  royal  dues, 

^  The  text  of  Malmesbury  is  faulty  as  to  the  date ;  probably  the 
words  anno  primo  ought  to  be  anno  qtiinto,  Ethelwulf  came  to  the  throne 
A.D,  839,  and  the  date  of  the  charter  in  the  Bodleian  MS.  is  a.d.  844. 

2  Regnante  Domino  nostra  in  perpetuuin.'  ^  Ante,  p,  170. 


CHAP.  V  KING  ETHELWULF'S  CHARTERS  201 

tributes  greater  and  less,  or  impositions  called  in  our  language 
"  Wtterede7t"  and  that  it  be  free  from  all  things  for  the 
deliverance  of  our  souls  and  the  forgiveness  of  our  sins,  for 
the  service  of  God  only  (so  that  there  be  not  military  expedi- 
tion, bridge-building,  or  fortification  of  castles  ^) ;  that  so  they 
may  the  more  diligently  and  without  ceasing  pour  forth  their 
prayers  to  God  for  us,  because  we  thus  in  some  degree  lighten 
their  secular  service.' 

After  this,  it  is  recited  that  Ahlstan,  Bishop  of  Sherborne, 
and  Helmstan,  Bishop  of  Winchester  (evidently  in  con- 
sideration of  the  benefit  which  would  result  from  this  Act  to 
the  Church),  had  agreed  with  their  abbots  and  monastic 
brethren,  that  all  their  '  brethren  and  sisters  '  should,  in  each 
church,  assemble  and  sing  fifty  psalms,  and  every  priest 
celebrate  two  masses,  on  every  Wednesday,  one  for  King 
Ethelwulf,  and  another  for  his  '  dukes '  consenting  to  this 
gift  {huic  dono)  for  the  ransom  and  remedy  of  their  faults 

^  '  Quamobrem  ego  Athelwtdfas  Rex  Occidentalium  Saxonum  cum 
consilio  episcoporum  ac  principum  meorum,  consilium  salubre  at  que 
uniforme  remedium  affirmavi,  ut  [  ?  et\  aliquam  portionem  terrarum 
Jmreditariam  antea  possidentibus^  gradibus  omnibus^  sive  famulis 
et  famulabus  Dei  Deo  servientibus,  sive  laicis^  semper  decimam 
mansionem,  ubi  minimutn  sit  turn,  decimam  partem.,  in  libertatem 
perpetuam  perdonare  dijudicaviy  ut  sit  tuta  et  munita  ab  om^iibus 
s(^cularibus  servitutibus,  fiscis  regalibus,  tributis  majoribus  et  minori- 
bus,  sive  taxationibus  quce  nos  dicimus  Witereden ;  sitque  libera  om- 
nium rerujn,  pro  remissione  animarum  et  peccatorum  nost?'orum,  Deo 
soli  ad  serviendum,  sine  expeditione,  et  pontis  instructione,  et  arcis 
munitione,^  e\.c.  The  word  mansio  is  considered  by  Mr.  Kemble  equiva- 
lent to  hide ;  perhaps  it  might  mean  a  hamlet  or  homestead  with  a  certain 
quantity  oifolcland  attached  to  it.  See  the  Latin  rendering  of  Article  37 
of  Alfred's  laws  '  Of  a  bold-getcel. ' —  *  De  viutatiojie  mansionis : — Siquis  ab 
una  mansione  in  aliafn  transire  velit,  facial  hoc  testimonio  alderma^ini, 
in  cujus  comitatu  prius  folgavit.'  The  word  sine  before  the  trinoda 
necessitas  was  understood  by  Selden  to  mean  a  release  from  those  bur- 
dens ;  but  it  was  probably  in  this  plate  a  word  of  saving.  (Thorpe, 
Ancient  Laws,  etc.,  vol,  i.  p.  87  ;  vol.  ii.  p.  455.  Selden,  Hist,  of 
Tithes,  p.  207.) 


ANCIENT  FACTS  AND  FICTIONS 


{pro  mercede  et  refrigerio  delictorum  suoruni) ;  prescribing 
particular  psalms  for  each  while  living,  and  also  for  the  con- 
tinuance of  those  solemnities  after  their  deaths.  Then 
follows  the  date  : 

'This  charter (car^ula)  was  written,  A.D.  844,  on  the  seventh 
Indiction,  on  the  day  of  the  Nones  of  November,  in  the  city 
of  Winchester,  in  the  Church  of  St.  Peter,  before  the  High 
Altar  :  and  this  they  did  for  the  honour  of  St.  Michael  the 
Archangel,  and  St.  Mary,  the  glorious  Queen,  the  Mother  of 
God,  and  at  the  same  time  of  the  Blessed  Peter,  Prince  of  the 
Apostles,  and  of  our  Holy  Father  Pope  Gregory,  and  all  the 
saints  ;  and  then,  for  fuller  assurance,  King  Ethelwulf  placed 
the  charter  upon  the  altar  of  St.  Peter,  and  the  Bishops,  for 
God's  faith,  received  it  from  him  :  and  afterwards  they  sent  it 
through  all  the  churches  in  their  dioceses,  as  is  aforesaid.  Bu^ 
this  land,  which  we  shall  enfranchise,  belongs  to  the  Church  of 
Malmesbury  {terra  autem  ista  quain  in  libertatem  ponamus 
ad  Meldunesburgensem  ecclesiam  pertinet).  Dcet  is  at  Ellen- 
dune  thrity  hyde,  and  at  Elmhamstede  fyftene  hyde,  cet  Wttu?te 
tien  hyde,  et  Cherltune  tuejitig  hyde,  et  Minty  vif  hyde,  at  Rod- 
burne  tien  hyde? 

The  document  ends  with  a  blessing  on  any  who  might 
increase,  and  a  curse  on  any  who  might  infringe  or 
diminish  the  grant ;  of  which  (being  a  matter  of  common 
style)  nothing  need  be  sai,d.  And  then  are  appended  the 
signatures  of  the  king,  the  two  bishops  Helmstan  and  Ahlstan, 
six  dukes,  three  abbots,  and  sixteen  royal  officers  {ministri). 

A  construction  of  this  document  which  would  make  it 
operate,  not  as  an  enfranchisement  or  authority  for  the  en- 
franchisement of  folcland,  but  as  a  grant  of  the  tithes 
of  the  produce  of  the  lands,  is  not  reasonably  possible. 
Laymen,  as  well  as  monasteries  and  churches,  were  to  be 
benefited  by  it ;  and  all  those  on  whom  that  benefit  was  to 
be  conferred  were  already  in  possession  {antea  possidenti- 
bus).     The  benefit  to  the  Church  was  probably  greater  than 


CHAP.  V  KING  ETHELWULF'S  CHARTERS  203 

to  laymen ;  the  Church  in  return  was  to  sing  psalms  and 
offer  masses  for  the  donors  while  living,  and  for  their  souls 
when  dead ;  and  in  this  way  the  donors  hoped  on  their  side 
to  obtain  some  profit  from  their  munificence.  It  was 
evidently  an  act  of  enfranchisement,  and  nothing  else. 

We  do  not  know  how  the  tenth  '  mansion,'  or  part  en- 
franchised to  each  participator  in  this  'privilege'  {Privilegium 
^thelulfi  Regis,  as  the  similar  grant  of  a.d.  854  was  called 
in  the  Abingdon  Cartularies),^  was  ascertained.  But  the 
earliest  annalist  who  spoke  of  it  (or  rather  of  that  of  a.d. 
854)  described  all  the  privileged  lands  as  chartered  by 
Ethelwulf;  and  from  that  language  (consistent  with  the 
grafio  sempiterno  of  Asser),  taken  in  connection  with 
the  quam  in  iiberfatem  ponamus  of  the  Malmesbury  docu- 
ment itself,  and  the  statement  that  the  bishops  'sent  it 
through  all  the  churches  in  their  dioceses,' — my  inference 
is,  that  there  was  a  book  or  terrier  of  the  lands  to  be 
enfranchised  as  the  quota  of  each  church,  annexed  or 
appended  to  the  governing  charter ;  and  that  the  bishops 
sent  to  each  a  copy  of  the  charter,  with  that  part  only  of 
the  annexed  book  or  terrier  in  which  it  was  directly  con- 
cerned, in  the  manner  appearing  by  the  two  2  Malmesbury 
examples.  This,  however,  applies  only  to  such  lands  as  were 
apportioned  to  the  tenth  '  mansion,'  or  part,  contemporane- 
ously with  the  governing  charters.      There  are   examples 

1  Selden,  Hist,  of  Tithes  (ed.  1618),  p.  208. 

2  The  Malmesbury  abridgment  of  the  later  charter  of  A.  D.  854  is, 
on  this  point,  exactly  like  the  Malmesbury  copy  of  the  earlier  charter, 
of  which  the  tenor  has  been  stated.  The  enumeration  of  the  seven  de- 
nominations of  land,  containing  together  eighty- two  'hides,'  with  which 
the  abridgment  ends,  is  also  introduced  by  the  words  :  *  Terra  autem 
ista  quam  in  libertate  ponimus  ad  ecdesiam  pertinens  Alaldtibesburg 
est^  etc.  (Will,  of  Malmesbury,  De  Gest.  Fontif.y  Hamilton's  ed.,  p. 
390). 


204  ANCIENT  FACTS  AND  FICTIONS  part  ii 

extant  of  later  grants  of  land  in  Wessex,  founded  (appar- 
ently) on  the  governing  charter  of  a.d.  844,  one  to  a  lay- 
man, the  king's  apparitor,^  dated  in  a.d.  845;  and  one 
to  Malmesbury  Abbey,^  of  a.d.  850. 

Of  the  second  governing  charter  (the  true  date  of  which 
seems  to  have  been  Easter  Day  a.d.  854,  though  referred  by 
most  of  the  Chronicles  to  855)  it  will  be  sufficient  to  give 
such  an  account,  as  may  explain  its  points  of  difference 
from  the  first,  and  why  it  should  have  been  passed  at  all. 
The  first,  as  has  been  seen,  was  an  act  of  enfranchisement 
{antea  possidentibus),  to  those  already  in  possession;  it 
applied  only  to  lands  so  possessed.  But  the  second  had  a 
larger  operation  and  effect  upon  all  thQfoldand  of  Ethelwulf 's 
kingdom.  Its  difference  from  the  first  is  marked  in  many 
ways.  It  was  passed  in  the  king's  palace  at  Wilton,  after 
St.  Swithun  had  become  Bishop  of  Winchester  in  the  place 
of  Helmstan  ;  the  introductory  part  was  not  the  same,  there 
being  here  no  mention  of  public  calamities,  but  only  of  the 
transitory  nature  of  this  life.  There  was  no  solemn  deposit 
of  the  document  upon  the  altar  of  the  cathedral  church ; 
no  transmission  of  copies  by  the  bishops  to  all  the  churches 
of  their  dioceses.  The  psalms  and  masses  promised  by 
the  bishops  were  the  same ;  but,  while  these  were  to  be 
sung  and  said  under  the  first  charter  on  Wednesday,  under 
the  second  they  were  to  be  repeated  on  Saturday  also. 
Three  full  contemporaneous  copies^  of  it,  introducing  by 
way  of  preamble  grants  of  enfranchisement  (ista  est  autei7i 
libertas  quam  yEthehvtdf  Rex  in  perpetuam  libertatem  concessit 
habere)  of  particular  parcels  of  land  defined  by  boundaries, 

1  Birch's  Cartularium,  No.  449,  vol.  ii.  p.  30. 

2  Ibid.,  No.  457,  vol.  ii.  p.  45. 

3  Numbered    1054,  270,  and   271    in   Mr.  Kemble's  work.      And 
see  Haddan  and  Stubbs,  Cozmcils,  vol.  iii.  pp.  638,  640. 


CHAP.  V         KING  ETHELWULF'S  CHARTERS  205 

— two  to  thanes,  named  Hunsige  and  Wiferth,  the  third 
to  Malmesbury  Abbey, — are  printed  in  Mr.  Kemble's 
Codex  Diplomaticus. 

The  material  part  of  that  charter  of  a.d.  854  is  thus 
expressed : 

'  I  have  taken  and  carried  into  effect,  with  my  bishops, 
and  counts,  and  all  my  nobles,  a  salutary  counsel,  to  grant  a 
tenth  part  of  the  lands  throughout  my  kingdom,  not  only  to 
the  holy  churches,  but  have  also  granted  to  my  servants,  that 
they  should  hold  it  enfranchised  for  ever  ;  so  that  this  donation 
shall  remain  fixed  and  unchangeable,  discharged  from  all 
royal  service,  or  other  secular  services.' 1  [Then  follows  the 
agreement  of  Bishops  Ahlstan  and  Swithun,  about  weekly 
psalms  and  masses.] 

Of  this  charter,  the  royal  officers  or  servants  appear  to 
have  been  especially  favoured  objects.  If  it  had  been 
otherwise,  it  would  still  have  been  impossible  to  under- 
stand deciniam  partem  terrarum  of  praedial  tithes.  In  later 
charters,  made  by  virtue  of  this,  and  in  which  the  authority 
given  by  it  is  referred  to  (of  which  there  are  several, — 
two  to  Winchester  Cathedral,  ^  and  one  to  a  king's  officer 
named  Dunne  ^),  the  subject  of  the  grants  was  unequivocally 
land,  not  tithes. 

All  the  best  historical  critics  of  the  present  century,  who 
have  paid  any  attention  to  these  charters  of  Ethelwulf,  are 
agreed  in  conclusions  not  differing  in  substance  from  my  own 

^  *  Consilium  salubre  cum  episcopis^  et  comitibus  cunctis  que  optimati- 
bus  nieis  perfect,  ut  decimam  partem  terrarum  per  regmcm  meum,  non 
solum  Sanctis  ecclesiis  darem,  veram  etiam  et  ministris  meis  in  per- 
petuam  libertatem  habere  concederem  ;  ita  tit  talis  donatio  fixa  incom- 
mutabilisque  permaneat,  ab  omni  regali  servitio  et  omniufn  scecularitim 
absoluta  servitute.'     (De  Gestis  Pontificum :  Hamilton's  ed.,  jx  390.) 

2  See  Haddan  and  Stubbs,  Councils,  vol.  iii.  pp.  641-643. 

3  Ibid.,  pp.  644,  645. 


2o6  ANCIENT  FACTS  AND  FICTIONS  tart  ii 

— Dr.  Lingard,^  Mr.  Sharon  Turner,  ^  Mr.  Kemble,^  the 
late  Mr.  Haddan  and  Bishop  Stubbs.*  The  policy  of  those 
charters  was,  perhaps,  not  so  purely  ecclesiastical  as 
might  at  first  sight  appear.  The  times  were  such  as  to 
make  the  subtraction  of  large  quantities  oifolcland  from  the 
distributable  public  estate,  out  of  which  soldiers  and  civil 
servants  might  be  rewarded,  inconvenient.  Bishop  Ahlstan 
was  a  statesman  and  a  soldier,  as  well  as  a  churchman. 
Swithun  was  also  a  trusted  minister  of  the  king.  The 
enfranchisement  of  a  certain  proportion  of  the  folkland  in 
ecclesiastical  hands  might  make  the  resumption  of  other 
parts  for  State  uses  more  easy;  and  it  might  check  the 
frequency  of  applications  to  the  king  and  Witenagemot,  in 
particular  cases,  for  privileged  grants  of  such  land.  Nor  is  it 
to  be  assumed,  that  because,  by  the  second  charter,  the  king 
took  power  to  grant  in  bocland  as  much  as  a  tenth  part 
of  the  folkland  of  the  whole  kingdom  of  Wessex,  that  power 
was  fully  exercised.  The  charter  was  potential,  not  impera- 
tive; it  may  have  had  (like  the  first)  a  'book'  or  terrier 
of  grants  already  determined  upon  appended  to  it :  but 
the  extant  subordinate  charters  prove  that  these  did  not 
exhaust  the  power. 

^  Antiquities  of  the  Anglo-Saxon  Church  (1806),  vol.  i.  p.  126;  and 
note  (A)  at  p.  303. 

2  History  of  Anglo-Saxons  (5th  ed.  1828),  vol.  i.  p.  493. 

3  Saxons  in  England  (1876),  vol.  ii.  pp.  480-485. 
*  Councils  J  vol.  iii.  pp.  637,  638,  642,  note. 


CHAPTER   VI 

FOURTH  PERIOD THE  PRIMACIES  OF  ODO  AND  DUNSTAN 

§  I.  New  Relations  between  England  and  the  Continent 

It  has  been  seen  that  in  Alfred's  time  learning  was  so 
utterly  lost  in  England,  that,  with  a  few  exceptions  (such 
as  Archbishop  Plegmund,  Asser,  Grimbald,  and  his  own 
chaplain  John),^  hardly  any  priest  could  be  found  who  knew 
Latin ;  and  those  who  desired  instruction  had  to  go  abroad 
for  it  The  monastic  libraries  had  been  destroyed ;  it  was 
on  the  Continent,  and  not  here,  that  ecclesiastical  litera- 
ture, even  of  Anglo-Saxon  origin,  was  still  known  and  pre- 
served. 

Alfred's  son,  Edward,  was  an  unlearned  man;  but  he 
advanced  the  cause  of  learning  through  the  alliances 
by  which  he  sought  to  strengthen  himself  in  his  kingdom. 
Four  of  his  daughters  married  French  or  German  kings  and 
princes.^  The  way  was  thus  opened  for  more  frequent 
intercourse  between  this  country  and  the  Continent.    Athel- 

^  Gervase  of  Canterbury  (Stubbs'ed.  1879;  vol.  ii.  pp.  44,  45)  adds 
to  the  exceptions  enumerated  by  Alfred  the  name  of  Wenefrid,  '  Bishop 
of  the  Wiccians.'  *  Ecclesice '  (he  says)  *  cum  bibliothecis  suis  a  Danis 
combustcB  fuerunt,  et  propterea  in  iota  insula  studium  litterarum 
abolitum  est^  quod  quisque  magis  vererehir  capitis  perictdum,  quam 
sequeretur  librorum  exercitium.^ 

2  See  Lappenberg,  Hist.  (Thorpe's  transl.),  vol.  ii.  pp.  99,  107, 
109,  no. 


2o8  ANCIENT  FACTS  AND  FICTIONS  '        part  ii 

Stan,  Edward's  son,  sent  presents  to  foreign  monasteries  \  ^ 
and  in  foreign  monasteries,  from  the  latter  days  of  Alfred, 
many  English  youths  destined  for  the  service  of  the  Church 
received  their  education. 

§  2.  Archbishop  Odo. 

Among  these  was  Odo  (or  Oda),  by  birth  a  noble  Dane,^ 
who,  in  the  year  after  the  accession  of  Edmund,  Athelstan's 
half-brother,  to  the  throne,  became  Archbishop  of  Canter- 
bury. He  had  taken  the  monastic  habit  ^  in  the  Benedictine 
monastery  of  Fleury,  near  Orleans.  He  governed  the 
Church  of  England  for  seventeen  years,  with  a  constant 
view  to  its  revival  or  reformation  upon  monastic  principles. 
It  was  under  his  primacy  that  Dunstan,  and  his  colleagues 
Ethelwold  and  Oswald,  rose  to  power ;  and  if  the  fame  and 
the  honours  of  canonisation  with  which  the  Benedictine 
party  rewarded  their  successful  champions  fell  to  the  lot 
of  the  disciples  rather  than  the  master,  the  policy  which 
triumphed  was  that  of  Odo.* 

§  3.   The  Reforming  Triumvirate. 

Of  the  men  who  completed  the  revolution  for  which 
Odo  had  been  preparing  the  way.  Bishop  Stubbs^  says, 
that  'Ethelwold  was  the  moving  spirit;  Oswald  tempered 
zeal  with  discretion ;  Dunstan  may  be  credited  with  such 
little  moderation  and  practical  wisdom  as  can  be  traced.' 
From  that  estimate  of  their  characters  I  see  no  reason  to 

^  See  Lappenberg,  Hist.  (Thorpe's  transl.),  vol.  ii.  p.  iii. 

2  Hook,  Lives  of  Archbishops ^  vol.  i.  p.  361. 

'  See  Eadmer's  Life  of  St.  Oswald  (Wharton's  Anglia  Sacra,  vol.  ii. 
p.  194). 

^  Stubbs,  Memorials  of  Dunstan^  Introd.,  p.  xxxvii.  See  ante,  p. 
415,  and  Appendix  B.  ^  Memoi-ials  of  Dunstan,  Introd.,  p.  xcviii. 


CHAP.  VI     PRIMACIES  OF  ODO  AND  DUNS  TAN  209 

differ.  Dunstan  was  the  eldest,  Oswald  the  youngest  of  the 
three;  all  rose  to  positions  of  influence  early  in  life. 
Dunstan  had  the  largest  mind,  and  the  most  statesmanlike 
qualities ;  Oswald  had  seen  most,  and  Ethelwold  least,  of 
the  Church  and  the  world  beyond  England.  But  they 
were  men  of  one  purpose,  and  of  equal  resolution  and 
courage.  It  is  important,  with  reference  to  some  questions 
which  remain  to  be  examined,  that  the  influence  of  foreigners, 
and  of  foreign  Church  literature,  upon  them,  and  upon  the 
Anglo-Saxon  Church  in  their  time,  should  be  understood. 

§  4.  Oswald,  Bishop  of  Worcester,  and  his  Foreign  Associates, 

I  will  speak  of  Oswald  first.  Archbishop  Odo's  nephew, 
who  when  young  became  a  monk  at  Fleury,^  as  his  uncle 
had  been  before  him;  passing  there  through  minor 
orders  and  the  diaconate  to  the  rank  of  priest.  He  returned 
to  England,  and  in  King  Edred's  time  went  abroad  again, 
with  a  company  whose  destination  was  Rome ;  but  he  turned 
aside  to  Fleury,  upon  some  mission  (as  is  supposed)  from 
his  ecclesiastical  superiors.^  When  Dunstan  became  arch- 
bishop in  A.D.  960,  he  was  made  Bishop  of  Worcester,  and 
in  972  Archbishop  of  York.  He  was  very  active  in  the 
expulsion  of  the  married  clergy  from  the  greater  mon- 
asteries of  Mercia,  and  in  bringing  those  houses  under  the 
Benedictine  rule.  Bishop  Stubbs^  says  that  'while  the 
monastic  movement  had  taken  its  rise  at  Winchester,  it  was 
received  with  most  favour  in  Mercia.'  He  brought  over 
from  France  *  several  learned  men  to  instruct  the  inmates 

^  Eadmer's  Life  of  Oswald  (Wharton's  Anglia  Sacra,  vol.  ii.  p.  194). 
At  Fleury  he  is  said  to  have  been  a  disciple  of  Abbo. 

2  Ibid.,  p.  195.  3  Memorials  of  Dunstan,  Introd.,  p.  xcviL 

*  Eadmer's  Life  {ubi  supra),  pp.  200,  201. 


2IO  ANCIENT  FACTS  AND  FICTIONS  part  ii 

of  some  of  those  monasteries  in  the  Benedictine  discipline, 
and  in  grammar  and  the  liberal  arts.  Among  these 
was  Abbo  ^  of  Fleury,  a  man  afterwards  famous,  who,  after 
passing  some  time  at  Paris  and  at  Rheims,^  had  returned  to 
his  native  diocese  of  Orleans.  Oswald,  in  a.d.  985,  made 
him  chief  instructor  to  the  monks  of  Ramsey  Abbey,  and 
ordained  him  priest.  Abbo,  while  in  England  (perhaps 
before),  was  intimate  with  Dunstan,^  and  composed,  at 
Dunstan's  request,  and  from  materials  furnished  by  him,  a 
Life  of  St.  Edmund  of  East  Anglia.  On  his  return  to  France, 
he  became  abbot  of  his  own  monastery  of  Fleury ;  and  in 
that  character  attended  the  council  held  at  St.  Denis 
towards  the  end  of  the  century,  and  entered  into  a  contro- 
versy about  monastic  tithes,  which  I  have  elsewhere  men- 
tioned, with  his  own  diocesan,  Arnulph  of  Orleans,  and 
other  French  bishops.*  He  lost  his  life  in  some  affray 
arising  out  of  the  enforcement  of  monastic  discipline,  in 
A.D.  10 14;  and  was  reckoned  among  martyrs  and  saints  by 
the  Galilean  Church.^ 

Oswald  also  sent  to  the  Continent,  at  his  own  expense, 
a  monk  of  Worcester,  of  his  own  name,  who  returned  after 
visiting  most  of  the  great  monasteries  of  France  and  the 

^  Eadmer's  Life  {ubi  supra) ^  p.  201. 

2  See  Moreri,  Dictionnaire,  in  nom.  *  Abbon,  de  Fleuri.' 

^  Stubbs,  Memorials  of  Dunstan,  Introd.,  p.  xix.  ;  and  see  Life  of 
Oswald  (Wharton's  Anglia  Sacra,  vol.  ii.  pp.  201,  202).  Moreri  says, 
'  His  merit  was  recognised  and  honoured  by  King  Ethelred,  and  the 
great  men  of  the  kingdom  of  England.' 

*  Aitle,  pp.  65,  66  ;  and  see  his  Apologeticus^  etc.,  in  the  Appendix  to 
Pithou's  Codex  Canomim  Vetus  Ecclesia  Romance  (Paris  1687)  ;  in 
Mabillon's  Vetera  Analecta ;  and  Gallandii,  Bibl.  Veterum  Patrum 
(Venice  1781),  vol.  xiv.  p.  141  et  seq. ;  also  Baronius,  Annales,  vol.  xvi. 

p.  434. 

**  Moreri,  ubi  supra;  and  see  Wharton's  Anglia  Sacra,  vol.  ii. 
pp.  201,  202. 


CHAP.  VI      PRIMACIES  OF  ODO  AND  DUNS  TAN  211 

Low  Countries,  among  others   Corbey  and   Fleury.     He 
died  in  a.d.  10 10.^ 

§  5.  Ethelwoldy  Bishop  of  Winchester. 

•Ethelwold^  was  a  Benedictine  monk  of  Glastonbury, 
when  Dunstan  was  abbot  there.  In  King  Edred's  time 
he  wished  to  cross  the  sea  with  a  view  to  self-improvement ; 
but  his  presence  in  England  was  thought  of  sufficient  im- 
portance for  leave  to  be  refused  him  by  the  king.  Soon 
afterwards  he  was  made  Abbot  of  Abingdon,  described 
by  its  chronicler^  as  then  a  small  monastery,  much  im- 
poverished, and  the  only  house  in  England  (except  Glas- 
tonbury) under  the  Benedictine  rule.  There  he  gathered 
round  him,  from  all  parts  of  England,  men  accustomed  to 
different  usages  of  reading  and  chanting;  and,  to  bring 
them  all  to  one  uniform  method,  he  prevailed  on  some  of 
the  monks  of  Corbey  to  come  over  from  France  *  and  teach 
them.  He  also  sent  Osgar,^  who  had  followed  him  from 
Glastonbury,  and  who  succeeded  him  in  the  abbacy  when  he 

1  Pitseus  (Paris,  16 19),  ^fas  undecima;  p.  18 1  :  *  In  Galliam  Belgi- 
cam  navigavit ;  et  in  transmaritiis  partibus  pleraque  celebriora  monas- 
teria  sttidiorum  causa  visitavit^  liberalitate  Oswaldi  Episcopi  Vigorniensis 
in  tota  ilia  peregrinatione  sustentatus.  Invisit  autem^  inter  ccetera, 
monasteria  S.  Bertini,  S.  Vedasti^  et  Corbeiam ;  deinde  S.  Dionysii 
cxnobium  non  longe  a  Parisiensi  civitate  situm,  et  Latiniacum  Furscei 
Collegium  ; — tandem  Floriacense  monasterium.'' 

2  See  his  Life,  by  Wulfstan  (Migne's  Patrolog.,  vol.  cxxxvii.  p.  82, 
etc.) ;  Hist.  Coenob.  Abendon.  (Wharton's  Anglia  Sacra,  vol.  i.  pp. 
163,  164). 

3  Hist.  Ccenob.  Abendon.  (Wharton's  Anglia  Sacra,  vol.  i.  pp.  163, 
164). 

^  Ibid.;  and  see  the  Abingdon  memoir,  De  sancta  Athelwoldo,  in 
Dugdale's  Monastic.  (Caley,  Ellis,  and  Bandinel),  vol.  i.  p.  516. 

^  Ibid. ;  and  Wharton's  Anglia  Sacra  {ubi  supra) ;  also  Migne's  Pat- 
rolog.,  vol.  cxxxvii.  pp.  82-92  (cap.  14  of  Wulstan's  Vitay  etc) 


212  ANCIENT  FACTS  AND  FICTIONS  part  ii 

was  advanced  to  the  bishopric  of  Winchester  in  a.d.  963,  to 
Fleury  for  further  instruction.  Among  the  pupils  of  Ethel- 
wold  was  Aelfric,  the  *  grammarian,'  of  whom  more  will 
hereafter  be  said. 

§  6.  Dunstan,  Archbishop  of  Canterbury. 

Dunstan  ^  began  life  as  a  courtier  in  King  Athelstan's 
reign,  but  retired  from  court  in  disappointment  or  dis- 
gust. King  Edmund  (a.d.  942)  made  him  Abbot  of  Glas- 
tonbury. He  was  the  chief  minister  of  Edmund's  brother 
and  successor,  Edred.  He  affronted  and  incurred  the  enmity 
of  Edwy,  the  most  unfortunate  of  Anglo-Saxon  kings, 
and  in  consequence  fled  to  Flanders.  There  he  remained 
for  a  year,  a  guest  in  the  monastery  of  St.  Peter  at  Ghent,^ 
then  in  the  highest  repute  among  the  religious  houses 
of  the  Low  Countries  for  good  discipline  and  learning. 
The  revolution  of  the  succeeding  year,  a.d.  957,  brought 
him  home  again;  and  Edgar  made  him,  by  quick  steps, 
Bishop  of  Worcester  and  of  London,  and  (in  a.d.  960) 
Archbishop  of  Canterbury.  After  this  elevation  he  was 
for  twenty- eight  years  chief  governor  of  the  kingdom. 
To  his  policy,  ecclesiastical  and  civil,  it  was  due  that 
Edgar  *the  Peaceful'  became  celebrated  by  the  monastic 
historians,  as  among  the  greatest  and  most  fortunate  of 
kings ;  as  the  compeer  in  glory  of  Romulus  and  Cyrus,  of 
Alexander  and  Arsaces,  of  Charlemagne  and  Arthur.^ 

1  See  his  Life,  by  Osbern,  in  Stubbs'  Memorials ^  and  in  Migne's 
Patrolog.y  vol.  cxxxvii.  p.  410  et  seq. 

2  Ibid.y  cap.  27  (Migne,  ubi  supra,  p.  437)  ;  Stubbs'  Memorials, 
Introd.,  p.  Ixxxix. 

'  '  Incomparabilis,^  he  is  called  by  Ralph  Higden  ;  Hoveden  com- 
pares him  to  all  the  kings  above  named  ;  Symeon  of  Durham  and  the 
Melrose  Chronicle  to  all  but  Arsaces. 


CHAP.  VI     PRIMACIES  OF  ODO  AND  DUNSTAN  21  j 

§  7.  The  Council  of  Winchester — * Regularis  Concordia' 

It  is  to  the  year  a.d.  969  that  Symeon  of  Durham  ^  refers 
the  commission  given  by  King  Edgar  to  Dunstan,  Ethel- 
wold,  and  Oswald,  to  eject  the  married  clergy  or  secular 
canons  from  the  greater  monasteries  of  Mercia,  and  to  put 
monks  in  their  places.  Others  ^  assign  a  different  date  to 
that  mandate.  Abbot  Ailred  of  Rievaulx  ^  (writing  in  King 
John's  time)  put  a  long  and  highly  rhetorical  speech  into 
King  Edgar's  mouth,  as  delivered  to  the  three  bishops  upon 
that  occasion.     I  extract  from  it  a  sentence  : 

*  Thou  didst  say,  O  Dunstan,  that  almsgiving  endures  for 
ever  ;  and  that  none  is  more  fruitful  than  that  which  is  bestowed 
upon  monasteries  and  churches,  wherewith  God's  servants  may 
be  sustained,  and  all  that  is  not  wanted  for  that  purpose  laid 
out  upon  the  poor  {quo  Dei  servi  sustenteniur^  et  quod  superest 
pauperibus  erogetury 

Whatever  may  be  thought  of  this,  there  can  be  no  doubt 
that  a  council  was  held  at  Winchester,  under  King  Edgar's 
authority,  at  which  a  rule  for  all  the  Benedictine  mon- 
asteries in  England  was  drawn  up  and  agreed  to,  in  twelve 
articles.*  It  is  commonly  ascribed  to  Dunstan;  and  is 
entitled  *  The  Regular  Concord  (Regularis  Concordia)  of  the 
monks  and  nuns  of  the  English  nation.'  The  narrative 
with  which  it  is  introduced  recites  the  destruction  of  many 

1  Gesta  Regum  Angl.  {Sa.viWs  Ilisf.  Angl.  Script.  X.,  p.  158). 

2  The  charter  for  expelling  the  married  clergy  from  Worcester 
(printed  by  Mansi,  Concil.^  vol.  xviii.  p.  479)  is  dated  in  a.d.  964. 

'  Savile,  Hist.  Angl.  Script.  X.,  p.  360.  (Also  in  Mansi,  Concil., 
vol.  xviii.  p.  527);  and,  translated  into  English,  in  Stow's  Annals; 
(Howes',  ed.  1632,  p.  84,  a.d.  963). 

*  Reyner,  Apostolatus  Benedictinonim  in  Anglia  (1626),  append., 
pars  iii.  pp.  77-92  (and  see  Migne's  Patrolog.^  vol.  cxxxvii.  pp. 
476-490). 


214  ANCIENT  FACTS  AND  FICTIONS  patit  ii 

of  the  English  monasteries,  and  the  deficiency  of  the  means 
for  keeping  up  Divine  service  in  others  ;  and  that  the  king, 
having  restored  them,^  had  called  the  council  together  to 
agree  upon  this  uniform  rule.     It  then  proceeds : 

'Thereupon,  cheerfully  and  with  all  the  energy  of  their 
minds  obeying  this  royal  command,  and  remembering  how 
our  holy  patron,  St.  Gregory,  admonished  the  blessed  Augus- 
tin  to  appoint  for  the  ornament  of  the  then  rude  English 
Church  any  good  usages,  not  of  the  Roman  Church  only,  but 
of  the  Gallican  Churches  also  :  They  [the  bishops,  abbots,  and 
abbesses],  having  called  to  their  aid  monks  from  the  Benedic- 
tine house  of  Fleury^  and  also  from  the  chief  monastery  of  the 
famous  city  natned  Ghent^  and  collecting  what  is  excellent  out 
of  their  good  customs,  as  bees  store  their  honeycomb  in  one 
hive,  from  the  different  flowers  of  the  fields, — have  put  into 
this  small  scroll  {hoc  exiguo  apposuerunt  codicillo)  those 
manners  and  customs  adapted  to  good  living  and  to  the  sweet- 
ness of  the  regular  discipline  ;  that,  by  means  thereof,  those 
who  walk  in  the  royal  road  of  the  Lord's  commandments  may 
be  refreshed  as  with  a  welcome  draught,  and  filled  with  most 
sweet  devotion.' 

The  twelve  articles  {capituld)  of  the  Concordia  were 
preceded  by  a  decree  as  to  the  election  of  bishops  (as  well 
as  abbots  and  abbesses),  intended  to  place  the  monastic 
system  upon  a  footing  of  absolute  security.  The  royal  con- 
sent was  required  to  every  election ;  and  no  one  was  to  be 
eligible  to  any  bishopric  except  a  regular  monk  of  the 
Benedictine  order,  who,  when  consecrated  bishop,  was  to 
be  the  head  of  his  conventual  chapter,  and  '  to  observe  in 
all  things  the  same  rule  with  his  monks,  like  a  regular 
abbot.' 

Of  the  articles  constituting  the  rule,  nine  are  occupied 
with  the  order  of  the  church  services,  at  all  the  different 

^  More  than  forty  monasteries  are  said  to  have  been  restored  by 
King  Edgar. 


CHAP.  VI      PRIMACIES  OF  ODO  AND  DUNSTAN  215 

hours,  times,  and  seasons ;  one  with  a  regulation  as 
to  weekly  cleansing  \  another  with  the  sickness  of  any 
brother,  and  his  burial  after  death.  The  tenth  article^ 
regulated  the  distribution  of  the  alms  of  the  monastery; 
and  it  deserves  the  more  attention,  because  of  the  senti- 
ment put  into  Dunstan's  mouth  in  the  speech  ascribed  to 
King  Edgar,  and  the  statements  of  his  biographers  as  to 
his  great  care,  during  his  primacy,  '  for  the  due  application 
of  the  revenues  of  the  Church  to  the  relief  of  widows, 
orphans,  and  strangers  ' : 

'  Let  there  be  in  every  monastery  places  set  apart  for  the 
entertainment  of  the  poor  (singula  loca,  ad  hoc  constituta^  tibi 
paiiperum  fiat  susceptid)  :  and  on  each  day  let  three  of  the  poor 
who  are  constantly  fed  in  the  monastery  be  chosen,  to  have 
the  benefit  of  this  mandate,  and  to  be  fed  with  the  same  victuals 
which  the  brethren  use.  And  attendance  is  to  be  given  there 
in  this  course.  On  Saturday,  the  boys  of  the  right  side  of  the 
choir  are  to  do  it,  with  one  of  the  choir-masters  ;  on  the  Lord's 
day  following,  the  other  boys  of  the  left  side,  with  the  other 
choir-master :  and  for  every  other  day  in  the  week,  so  many 
brethren  are  to  be  told  off,  from  holyday  to  holyday,  for  this 
service,  that  no  one  of  them  except  the  abbot  shall  be  excused 
from  that  duty  :  and  he  is  to  do  it  when  he  can. 

'  For  the  rest,  when  poor  strangers  arrive  {siipervetiientibus 
peregrinis  pauperibus)^  the  abbot,  with  brethren  chosen  by 
him  according  to  the  precepts  of  the  rule,  is  to  see  that  they 
have  the  benefit  of  this  mandate  ;  and  so  the  Father  himself  (if 
by  any  means  he  can),  or  one  of  the  brethren,  must  zealously 
perform  towards  them  in  the  hospice  all  the  offices  of  humanity, 
and  no  attention  to  them  which  the  rule  requires  is  to  be 
omitted  through  any  temptation  of  pride  or  error  of  forgetful- 
ness.  .  .  .  And  when  the  strangers  go  forth,  let  a  supply  of 
victuals  be  given  them,  as  the  means  of  the  place  may  allow.' 

This  rule  of   the   Concordia  affords,  in   my  judgment, 
strong,  though  indirect,  evidence  against  the  idea,  that  in 
^  Reyner,  p.  92  ;  Migne  {uhi  supra),  p.  490. 


2i6  ANCIENT  FACTS  AND  FICTIONS  part  ii 

1^  the  English  Benedictine  monasteries  of  Dunstan's  time 
any  custom  of  tripartite,  or  quadripartite,  or  other 
definite  division  of  tithes,  or  of  any  other  part  of  their 
revenues,  was  known.  It  agrees  well  with  the  primitive 
practice  recommended  by  Gregory  the  Great  to  Augustin ; 
and  it  was  adopted  (as  has  been  seen)  by  a  council  which 
had  directly  in  view  Gregory's  answer  given  at  the  same 
time  to  Augustin  upon  another  point,  and  which  was 
assisted  by  foreigners  conversant  with  the  customs  of 
the  Galilean  churches. 


§  8.    Canons  enacted  under  King  Edgar. 

Not  only  was  the  Concordia  silent  as  to  any  proportionate 
rule  of  distribution,  but  the  like  silence  was  preserved  in  the 
canons^  made  under  King  Edgar  during  Dunstan's  primacy, 
one  of  which  (the  fifty-fourth  2)  enjoined  all  priests  to 
remind  the  people  to  pay  tithes  and  other  church  dues  at 
the  usual  times  and  seasons  (mentioning  them);  and  another 
(the  fifty-fifth 3)  enjoined  'that  the  priests  so  distribute 
the  people's  alms  that  they  do  both  give  pleasure  to  God 
and  accustom  the  people  to  alms.' 

The  implication  from  the  generality  and  indefiniteness 
of  these  provisions,  in  the  Concordia  and  in  the  canon,  is 
the  more  forcible  when  they  are  contrasted  with  a  later 
document  *  containing  a  scheme  of  rules  for  a  college  of 
secular  clergy,  into  which  the   article    of  the    Capitulare 

^  Thorpe's  Ancient  Laws,  etc.,  vol.  ii.  p.  245  et  seq. 

2  Ibid.,  p.  257.  The  Law  of  the  Northumbrian  Priests  {ibid.,  p. 
301,  art.  60),  imposed  pecuniary  mulcts  for  non-payment  of  tithes;  on 
a  '  king's  thane,'  ten  half  marks  ;  on  a  landowner,  six ;  on  a  ceorl, 
twelve  sous. 

'  Thorpe's  Ancient  Laws,  etc.,  vol.  ii.  p.  257.      "*  Post,  p.  263-268. 


CHAP.  VI       PRIMACIES  OF  O  DO  AND  DUNS  TAN  217 

Episcoporum  as  to  a  tripartite  division  of  tithes,  was  intro- 
duced ;  and  with  a  gloss  ^  upon  the  canon  itself,  demonstrably 
belonging  to,  or  not  earlier  than,  the  latter  years  of  King 
Ethelred.  Those  documents  will  be  described  in  a  later 
chapter.  There  are  parts  ^  of  Dunstan's  canons  from 
which  it  may  reasonably  be  inferred,  that  he  was  not 
unacquainted  with  the  Capitulare  Episcoporum.  It  must 
certainly  have  been  known  to  some  of  the  foreigners 
consulted  at  the  Council  of  Winchester,  or  who  were  brought 
into  England  by  Oswald  and  Ethelwold;  and  it  may  (not 
improbably)  have  come  to  Dunstan's  own  knowledge 
when  he  was  at  Ghent.  There  were  certainly  afterwards  (if 
not  then)  some  who  would  willingly  have  seen  it  followed  in 
England.  But  probability  is  much  against  the  supposition 
that  Dunstan  or  his  colleagues  were  among  that  number. 
The  foreign  monastery  whose  principles  and  practice,  of  all 
others,  had  most  weight  with  them,  was  Fleury;  and 
nothing  can  be  more  certain,  than  that  at  Fleury  the 
Capitulare  Episcoporum  (if  known  at  all)  was  not  accepted 
as  law  or  acted  upon  in  practice,  and  that  it  was  not  there 
regarded  as  of  authority.  Abbo  knew  nothing  of  it;  he 
objected^  to  a  different  form  of  tripartite  division,  in  which 
the  bishop  took  a  third  share.  He  thought  that,  as  to 
the  church  revenues  under  the  bishop's  administration, 
the  quadripartite  rule  (received  at  Paris  and  Rheims)  ought 
to  be  followed  at  Orleans ;  and  that  as  to  those  revenues, 
whether  tithes  or  anything  else,  which  were  in  the  posses- 
sion of  monasteries,  they  ought  to  be  disposed  of  according 

1  Posty  p.  262. 

2  E.g.,  Canons  26,  45,  54,  65,  66,  67  (Thorpe's  Ancient  Lmvs,  etc., 
vol.  ii.  pp.  251,  253,  257,  259). 

^  See  his  letter  to  the  monk  Gerald,  in  Bouquet,  Recueil  des  His- 
toires,  vol.  x.  p.  440,  §§  2,  3. 


2i8  ANCIENT  FACTS  AND  FICTIONS  tart  ii 

to  the  rules  of  the  house,  without  episcopal  interference.^ 
In  his  controversy  with  Bishop  Arnulph  he  put  forward  in 
aid  of  his  arguments  a  collection  of  canons,^  in  which  the 
rule  of  the  Capitulare  Episcoporum  found  no  place ;  but, 
on  the  contrary,  several  of  the  canons  of  the  first  Council 
of  Orleans,  and  of  the  Councils  of  Braga  and  Toledo,  were 
relied  on,  together  with  passages  from  decretal  letters  of 
Popes  Gregory  the  Great  and  Simplicius  laying  down  the 
Roman  or  quadripartite  rule. 

§  9.  King  Edmund's  Laws. 

The  secular  legislation  on  ecclesiastical  subjects  during 
the  primacies  of  Archbishops  Odo  and  Dunstan  (doubtless 
passed  under  their  influence)  consists  of  the  laws  of  Kings 
Edmund  and  Edgar. 

Those  of  Edmund  ^  are  three  in  number,  and  short,  but 
not  unimportant. 

The  first  (on  which  it  is  not  material  to  dwell)  'jmposed 
a  penalty  on  persons  '  in  holy  orders '  (an  expression  which 
there  appears  to  include  nuns)  if  guilty  of  incontinence. 

The  second  made  the  non-payment  of  tithes  and  other 
church  dues  punishable  by  excommunication :  '  A  tithe  we 
enjoin  to  every  Christian  man  by  his  Christendom,  and 
church-scot,  and  Rom-feoh  (Peter-pence),  and  plough-alms. 
And  if  any  will  not  do  so,  let  him  be  excommunicated.' 
This,  proceeding  upon  the  ground  of  recognised  religious 
obligation,  was  a  step  in  advance,  beyond  anything  previously 
contained  in  Anglo-Saxon  secular  laws. 

*  App.  to  Pithou's  Codex  Canonnm  Vetus,  etc.  (Paris  1687),  pp. 
417,  418. 

2  Gallandii  i9z^/.  Veterum  Patrum  (Venice  1781),  vol.  xiv.  pp.  160, 
169.     See  Canons  27,  30,  31,  35,  38. 

'  Thorpe's  Ancient  Laxus,  etc.,  vol.  i.  pp.  245-247. 


CHAP.  VI      PRIMACIES  OF  ODO  AND  DUNSTAN  219 

The  third  related  to  the  repair  of  churches  : 

*We  have  also  ordained  that  every  bishop  repair  the 
houses  of  God  in  his  own  district,  and  also  remind  the  king 
that  all  God's  churches  be  well  conditioned,  as  is  very  needful 
for  us.' 

This  relates  to  the  repair,  out  of  the  funds  at  the  bishop's 
disposal,  of  the  public  baptismal  churches  of  the  diocese ; 
and  it  seems  to  indicate,  that  no  part  of  these  funds  was 
then  separated  by  any  customary  mode  of  division  from 
the  rest,  and  appropriated  for  the  repair  of  churches. 

§  10.  King  Edgar's  Laws. 

The  ecclesiastical  ordinance,  made  by  King  Edgar  and 
his  witenagemot  at  Andover,^  was  the  first  step  taken  in 
England,  so  far  as  law  is  concerned,  towards  the  transition 
from  the  old  baptismal  churches  and  their  districts  to 
modern  parish  churches  and  parishes.  Selden^  (who  seems 
to  have  considered  the  canon  passed  under  Archbishop 
Wulfred,  as  to  the  proceedings  to  be  taken  upon  a  bishop's 
death,  capable  of  a  construction,^  which  I  have  elsewhere 
given  my  reasons  for  rejecting)  rightly  observed  that 

*  The  first  express  mention  of  limitation  of  profits  (other 
than  of  the  endowing),  to  be  given  to  this  or  that  church,  is  in 
those  laws  of  King  Edgar,  made  about  a.d.  970,  where  a 
threefold  division  is  of  churches.  The  first  is  called  ealdan 
mynstre^  that  is  senior  ecciesia,  which  name  anciently  was 
given  to  cathedral  churches ;  the  second,  a  church  that  hath 
legerstowe,  or  place  for  burial ;  the  third,  a  church  that  hath 
no  legerstowe.^ 

Blackstone,*  rejectmg  the  tradition  about  Honorius,  and 
also  (if  he  knew  it)  that  about  Theodore,   referred   the 

^  Thorpe's  Ancient  LawSy  vol.  i.  pp.  263-265  (see  p.  273  as  to 
Andover).  2  ff^^^  of  Tithes  (ed.  1618),  ch.  9,  §  4,  p.  262. 

^  Ibid. J  pp.  261,  262.  *  Comment.^  vol.  i.  p.  113. 


220  ANCIENT  FACTS  AND  FICTIONS  part  ii 

origin,  or  at  least  the  earliest  public  recognition,  of  parishes 
of  the  modern  sort,  to  these  laws  of  Edgar. 

Their  first  article  ^  recognised  the  general  right  of  the 
old  '  baptismal '  churches  to  tithes  : 

*  That  God's  churches  be  entitled  to  every  right ;  and  that 
every  tithe  be  rendered  to  the  old  minster,  to  which  the 
district  belongs  ;  and  be  so  paid,  both  from  a  thane's  zn-lmid 
{i.e.  land  in  the  lord's  own  hands),  and  from  geneat- 
land  {i.e.  land  granted  out  for  services),  so  as  the  plough 
traverses  it.' 

The  second  article  2  introduced  a  qualified  exception,  in 
favour  of  manorial  churches  with  burial-grounds  : 

'But  if  there  be  any  there  who  on  his  bocla?id  {i.e.  his 
private  estate)  has  a  church  at  which  there  is  a  burial-place, 
let  him  give  the  third  part  of  his  own  tithe  to  his  church.  If 
any  one  have  a  church  at  which  there  is  not  a  burial-place, 
then,  of  the  nine  parts,  let  him  give  to  his  priest  what  he  will ; 
and  let  every  church-scot  go  to  the  old  minster,  according  to 
every  free  hearth ;  and  let  plough-alms  be  paid  when  it  shall 
be  fifteen  days  over  Easter.' 

The  third  article  ^  fixed  the  times  for  payment  of  each 
description  of  tithes,  and  also  of  *  church-scot,'  on  peril  of 
the  legal  *  wite '  (a  pecuniary  penalty) ;  and  it  provided, 
for  the  first  time,  a  further  remedy  and  penalty,  in  case  of 
non-payment : 

'  And  if  any  one  will  not  then  pay  the  tithe,  as  we  have 
ordained,  let  the  king's  reeve  go  thereto,  and  the  bishop's,  and 
the  mass-priest  of  the  minster,  and  take  by  force  a  tenth  part 
for  the  minster  to  which  it  is  due  ;  and  assign  to  him  the  ninth 
part,  and  let  the  eight  parts  be  divided  into  two  ;  and  let  the 
landlord  take  possession  of  one  half,  and  the  bishop  the  other 
half ;  whether  it  be  a  king's  man,  or  a  thane's.' 

1  Thorpe's  Ancient  Lmvs,  etc.,  vol.  i.  p.  263. 
*  Ibid.  8  Ibid.,  pp.  263-268. 


CHAP.  VI      PRIMACIES  OF  ODO  AND  BUNS  TAN  221 

The  next  article  related  to  Peter-pence ;  the  fifth,  and 
last,^  to  the  proper  observance  of  the  Lord's  Day,  and  of 
other  festivals  and  fasts ;  directing  *  soul-scot '  (a  burial  fee) 
to  be  *  paid  for  every  Christian  man  to  the  minster  to  which 
it  is  due';  and  *  church-grith '  (J.e.  the  privileges  of  churches) 
to  be  maintained. 

There  was  no  other  law  of  King  Edgar,  bearing  either  on 
tithes  or  on  church  organisation.  But  there  was  a  *  supple- 
ment '  ^  to  his  laws,  in  the  nature  partly  of  a  royal 
proclamation,  and  partly  of  an  archiepiscopal  charge.  It 
seems  to  have  been  issued  on  occasion  of  a  pestilence; 
and  it  commanded  various  things,  which  were  regarded 
as  within  the  proper  scope  of  the  executive  power.  It 
contained  ^  this  mandate  ; 

'  I  and  the  archbishop  command,  that  people  shall  not 
anger  God,  nor  merit  either  the  sudden  death  of  this  present 
life,  nor,  still  more,  the  future  one  of  eternal  hell,  by  any 
diminution  of  God's  dues  :  but  that  both  rich  and  poor,  who 
have  any  tilth,  render  to  God  His  tithes  with  all  joyfulness  and 
without  any  grudge,  as  the  ordinance  teaches,  that  my  witan 
ordained  at  Andover.' 

The  king's  reeves  were  then  commanded  to  execute 
that  ordinance  strictly ;  and  there  is  this  reference  *  to 
priests  serving  in  royal  or  manorial  churches  or  chapels : 

*Then  will  I,  that  these,  God's  dues,  stand  everywhere 
alike  in  my  dominion ;  and  that  the  servants  of  God,  who 
receive  the  moneys  which  we  give  to  God,  live  a  pure  life : 
that,  through  their  purity,  they  may  intercede  for  us  with  God  ; 
and  that  I  and  my  thanes  direct  our  priests  to  that  which  the 
pastors  of  our  souls  teach  us,  that  is,  the  bishops,  whom  we 
ought  never  to  disobey  in  any  of  those  things  which  they  teach 
us  on  the  part  of  God  ! ' 

^  Thorpe's  Ancient  Laws,  etc.,  vol.  i.  p.  265. 
2  Ibid.,  p.  271  et  seq.  ^  Ibid.,  pp.  271-273.  *  Ibid.,  p.  273. 


ANCIENT  FACTS  AND  FICTIONS 


This  legislation,  with  the  illustration  which  it  receives 
from  the  'supplement,'  presents  several  points  for  inquiry 
and  remark. 

What  were  the  '  old  minsters,'  to  which,  subject  to  the 
exception  made  by  the  second  article,  tithes  were  generally 
to  be  paid  ?  I  think  the  probable  answer  to  that  question  is, 
that  the  word  'minster'  had  not  then  departed  from  its 
original  sense  of  a  conventual  or  collegiate  church;^  and 
that  those  'old  minsters '  were  'baptismal '  churches;  cathe- 
drals, or  churches  of  secular  canons  or  monks.  Selden^ 
interpreted  the  words  in  the  first  article,  which  Mr. 
Thorpe  translates  ^  the  old  minster  to  which  the  district 
belongs^  as  equivalent  to  '  the  ancientest  church  or  monastery 
where  he  hears  God^s  service! 

He  observed,  that  the  monasteries,  both  when  filled  with 
secular  clerks  before  Edgar's  time,  and  (after  the  change 
then  made)  by  Benedictines,  '  were  in  many  places  the  only 
oratories  and  auditories  that  the  near  inhabitants  did  their 
devotions  in,'  and  that  they  had  special  privileges  in  re- 
spect of  burial.  The  earliest  place  in  any  later  laws,  in  which 
I  find  the  word  '  minster '  clearly  extended  to  churches  of 
King  Edgar's  second  class,  viz.  manorial  churches  with 
cemeteries,  is  the  third  article  of  Canute's  ecclesiastical 
ordinances;^  where  there  is  a  graduated  scale  of  penalties 

^  See  Institutes  of  Polity  ;  (Thorpe's  Ancient  Laws,  vol.  ii.  pp.  321, 
323,  325),  as  to  abbots,  abbesses,  and  monks,  *  within  their  minsters  ;^ 
and  priests  and  nuns,  '  dwelling  in  a  minster.^  Those  *  Institutes '  were 
later  than  Edgar's  time  {ibid.  p.  321). 

2  Hist,  of  Tithes  (ed.  1618),  ch.  9,  §  4,  p.  263. 

'  Thorpe's  Ancient  Laws,  etc.,  vol.  i.  p.  361.  This  article  is  also 
contained  in  the  preliminary  scheme,  entitled  Of  Chtirch-Grith,  com- 
monly reckoned  among  the  laws  of  Ethelred  (but  as  to  which  see  post, 
pp,  276-287),  on  which  most  of  Canute's  ecclesiastical  laws  were  founded. 
(Thorpe,  ubi  supra,  pp.  341,  343,  art.  5.) 


CHAP.  VI      PRIMACIES  OF  ODO  AND  DUNSTAN  223 

for  violation  of  the  privileges  of  churches; — so  much 
for  a  '  chief  minster^ ;  so  much  less  for  '  a  minster  of  the 
middle  class ' ;  less  still  for  '  one  yet  less^  ivhere  there  is  little 
service^  provided  there  be  a  burial-place^  \  and  least  of  all,  for 
*  a  field  churchy  where  there  is  no  burial-place,^  Here  I 
understand  the  '  chief  minster '  to  be  the  cathedral  of  the 
diocese ;  a  '  minster  of  the  middle  class '  to  be  a  con- 
ventual or  collegiate  baptismal  church,  of  less  dignity  than 
the  cathedral;  ^ one  yet  less^  to  be  a  manorial  church, 
entitled  to  one-third  of  the  local  tithes  under  Edgar's  law ; 
and  a  '  field-church  'to  be  a  private  oratory  or  chapel,  not 
so  entitled. 

The  next  question  which  suggests  itself  is,  as  to  the 
condition  and  rights  of  those  manorial  churches  (with  burial- 
grounds),  and  of  their  priests?  They  certainly  did  not 
immediately  after  the  passing  of  Edgar's  laws  become  fully 
developed  parish  churches,  or  their  priests  parish  priests. 
Their  parishes  (a  word  which  came  gradually  to  be  applied 
to  them)  appear  to  have  been  for  a  long  time  called  ^shrift- 
districts  ; '  ^  explained  by  Selden  to  mean  '  circuits  within 
which  the  priests  exercised  their  shriving.'  In  the  supplement 
to  Edgar's  laws  ^  it  seems  also  to  be  implied,  that  they  had 
not  what  we  now  call  a  freehold  tenure  of  their  offices; 
but  that  the  lords,  within  whose  bocland  their  churches 
stood,  had  more  control  over  them,  and  the  bishops 
(without  the  lords'  assistance)  less,  than  under  the  modern 
parochial  system.  With  respect  to  emoluments,  their 
position  seems  to  have  been  not  unlike  that  of  modern 

1  Selden,  Hist,  of  Tithes,  ch.  9,  §  2  (ed.  1618),  p.  252.  See  laws  of 
Ethelred  of  A.D.  1008,  Act  12  (Thorpe's  Ancient  Laws,  etc.,  vol.  i.  p. 
309) ;  Laws  of  Northumbrian  Priests,  Act  42  {ibid.,  vol.  ii.  p.  297); 
Institutes  of  Polity,  Arts.  7  and  19  {ibid.,  pp.  315,  327),  etc. 

^  Thorpe's  Ancient  Laws,  etc.,  vol.  i.  p.  273. 


224  ANCIENT  FACTS  AND  FICTIONS  part  ii 

vicars;  the  old  minster  standing  towards  them  in  a  relation 
similar  to  that  of  those  monasteries  of  later  times,  to  which 
appropriations  of  churches  or  tithes  were  made ;  and  the 
one-third  of  local  tithes  which  they  received  being  like  the 
reasonable  stipend  {congrua  portto'^  of  the  modern  canon 
law)  moderated  or  assigned  by  the  bishop,  which  the 
ecclesiastical  appropriator  (or,  on  the  Continent,  the  lay 
owner  ^  of  feudalised  tithes)  had  to  pay  the  curate  or  vicar. 
The  one-third,  under  Edgar's  ordinance,  was  a  congrua 
portioy  fixed  by  law  for  all  those  consecrated  churches  on 
private  estates  to  which  cemeteries  were  attached. 

Selden  ^  thought,  that  when  in  this  way  the  formation  of 
rural  parishes  had  once  begun,  there  would  be  a  natural  tend- 
ency to  the  subdivision  of  such  parishes,  through  the  erection 
of  new  churches,  with  cemeteries  attached  to  them,  by  the 
owners  of  bocland  within  their  limits ;  and  that,  when  these 
*  afterwards  became  whole  parishes,  they,  by  connivance  of 
the  time,  took  (for  so  much  as  was  in  the  territory  of  that 
bocland)  the  former  parochial  right  that  the  elder  and 
mother  church  was  possessed  of.'  That  process,  however, 
would  rarely  take  place,  unless  the  title  to  a  tract  of  bocland^ 
originally  belonging  to  one  person,  had  become  by  some 
means  divided ;  for  it  cannot  be  doubtful  that  the  original 
'  shrift-district '  of  every  church  of  King  Edgar's  second  class 
consisted  of  adjoining  property  of  the  lord  on  whose  land  the 
church  stood.  And  no  such  process  is  sufficient  to  account 
for  the  subsequent  enlargement  of  the  one-third  part  of  the 
local  tithes  of  any  such  *  shrift-district '  (or  parish),  conceded 
by  Edgar's  law,  into  the  whole,  excluding  the  *  older  minster.' 
The  explanation  of  such  a  change  as  this  must  be  sought  in 

^  See  Jouy,  Principes  et  usages ^  etc. ,  cap.  xi ;  pp.  344-422. 

a  Ibid.,  p.  352. 

»  Hist,  of  Tithes  (ed.  16 18),  ch.  9,  §  4,  p.  265. 


CHAP.  VI     PRIMACIES  OF  ODO  AND  DUNSTAN  225 

the  power  or  practice  of  appropriating  tithes  (notwithstanding 
these  laws),  which  I  reserve  for  consideration  in  my  conclud- 
ing chapter.  1  Meanwhile,  it  may  be  here  observed,  that  the 
limited  endowment  of  these  parishes  with  one-third  of  the 
tithes  established  under  Edgar's  laws,  did  in  many  places  long 
remain ;  and  that  it  constituted  a  precedent,  which,  in  the 
early  days  of  appropriations  and  vicarages,  was  often  acted 
upon  by  bishops,  when  settling  the  amount  of  stipend  to 
be  allowed  by  the  appropriators  to  the  vicar.  Of  both 
these  facts  proofs,  sufficiently  numerous,  may  be  found  in 
Bishop  Kennett's  Case  of  Impropriatiojis? 

To  those  who  believe,  or  think  it  probable,  that  in  or  before 
King  Edgar's  time  a  tripartite  division  of  tithes,  such 
as  that  of  the  Capitulare  Episcoporum^  was  customary  in 
England,  the  theory  of  Bishop  Kennett,  that  the  apportion- 
ment of  one-third  to  the  earlier  parish  churches  arose  out 
of  that  rule  of  division,  may,  perhaps,  recommend  itself. 
Kennett  thought  that  the  priest  to  whom  one-third  of  the 
local  tithes  was  conceded  took  that  one -third  for  his  own 
sustenance  only,  freed  and  discharged  from  all  other  obliga- 
tions and  burdens  \  and  that  the  whole  duty  of  hospitality 
and  almsgiving  to  the  poor  (I  presume,  also,  of  providing 
for  the  repairs  of  churches)  was  thrown  upon  the  other 
two-thirds  payable  to  the  monasteries.^     To  imagine,  with- 

1  Post,  pp.  305-314. 

2  The  Case  of  Impropriations  and  of  the- Augmentation  of  Vicarages 
and  other  Insufficient  Cures,  etc.  (1704).     See  pp.  27,  28,  29,  31,  41. 

^  Case  of  Itnpropriations,  etc.,  pp.  16,  17,  27,  28,  29,  31,  32,  41. 
Bishop  Kennett  wrote  with  the  practical  object  of  throwing  upon  impro- 
priated tithes  a  liability  to  augment  the  endowments  of  poor  Vicarages, 
according  to  a  doctrine  (now  exploded,  and  never  tenable  in  law), 
which  Noy,  and  some  other  lawyers  of  the  seventeenth  century,  had 
maintained,  and  according  to  the  analogy  of  the  law  of  France.  (See 
Jouy>  P-  352,  etc.) 

Q 


/ 


226  ANCIENT  FACTS  AND  FICTIONS  part  ii 

out  proof,  that  the  one-third  assigned  to  the  priest  of  a 
manorial  church  was  itself  subjected  to  the  rule  of  tripartite 
division,  would,  indeed,  be  extravagant;  and  that  hypothesis, 
which  Bishop  Kennett  certainly  did  not  entertain,  may  be 
dismissed.  But,  on  the  other  hand,  there  are  many  proofs, 
in  that  learned  writer's  own  pages,^  that  there  never  was  a 
time  when  a  parish  priest,  whether  rector  or  vicar,  having 
cure  of  souls,  was  held  to  be  exonerated  from  the  general 
ecclesiastical  duty  of  hospitality,  according  to  his  means, 
to  the  poor  and  to  strangers  \  however  scanty  his  endow- 
ment might  be,  and  however  free  from  apportionment  into 
any  definite  shares.  It  is  equally  certain,  that  the  conventual 
or  baptismal  churches,  which  retained  two-thirds  of  the  tithes 
under  King  Edgar's  laws,  did  not  retain  them  as  trustees  for 
the  poor  and  for  church  repairs  without  any  interest  of  their 
own,  and  did  not  use  or  apply  them  otherwise  than  as  part  of 
the  common  stock  and  general  revenue  of  their  several  mon- 
asteries.^ No  reasonable  presumption  in  favour  of  the 
existence  of  a  definite  proportionate  rule  for  the  distribution 
of  tithes  (as  to  which  not  only  this  law  itself,  but  every 
other  law  as  to  tithes,  ecclesiastical  as  well  as  civil,  of  the 
same  or  any  other  time,  is  absolutely  silent)  can  be 
founded  upon  the  fact  that  the  proportion  in  which,  under 
this  law,  the  local  tithes  were  divided  between  the  greater 
and  the  smaller  churches,  was  as  two  to  one. 

^  See,  as  to  Vicars,  Case  of  Impropriations  ^  etc.,  pp.  21,  58  (quoting 
the  twenty-first  article  of  the  Gravamina  of  the  University  of  Oxford  in 
Henry  V.  's  time  ;  and  Lyndwode's  Provi^tciale ;  de  officio  Vicarii^  fol. 
64). 

2  Ibid.^  p.  63  (art.  20  of  the  Gravamina  of  the  University  ot 
Oxford),  p.  68;  (Archbishop  Peccham's  letter,  in  A.D.  1282,  to  the 
Bishop  of  Hereford,  against  the  Prior  of  Wenlock). 


CHAPTER    VII 

FOURTH    PERIOD ECCLESIASTICAL    LITERATURE: 

THE    EGBERTINE    COMPILATIONS  * 

§  I.  Introductory 

If,  in  examining  that  ecclesiastical  literature  of  the  tenth 
and  eleventh  centuries  which  has  been  the  source  of  the 
idea  that  a  tripartite  division  of  tithes,  or  other  church 
revenues,  was  anciently  customary  in  England,  I  give  the 
precedence  to  certain  compilations  with  which  the  name  of 
Archbishop  Egbert  is  commonly  associated,  it  is  because 
these,  more  than  anything  else,  have  had  a  chief  influence  in 
establishing  that  notion  in  the  minds  of  learned  men,  both 
of  past  and  of  recent  times.  If,  indeed,  it  were  once  granted 
that  those  compilations  contained  canons  for  the  govern- 
ment of  his  own  diocese,  codified  by  a  great  Northumbrian 
prelate  in  the  middle  of  the  eighth  century,  there  must  be 
an  end  of  all  controversy  on  the  subject.  For  the  '  Sacer- 
dotal Laws,'  which  passed,  from  the  Frank  original  described 
in  a  former  chapter,^  into  all  those  compilations,  contained 
these  injunctions  -p- 

^  The  Capitulare  Episcoporum  ;  see  ante^  pp.  37-39,  and  Appendix  A. 

2  There  are  a  few  clerical  variations  in  the  different  copies  I  have 
followed  here  the  Andain  text  (Martene  and  Durand,  Ajnpliss.  Coll., 
vol.  vii.  p.  26). 


228  ANCIENT  FACTS  AND  FICTIONS  part  ii 

id)  *  That  every  priest  teach  all  under  his  charge,  so  that 
they  may  know  how  duly  to  offer  to  God's  churches  the  tithes 
of  their  whole  means':  {Ut  unusquisque  sacerdos  cunctos  sibi 
pertinentes  ertidiai,  ut  sciant  qualiter  decimas  totius  factdtatis 
ecclesiis  divinis  debit e  offer anf). 

{b)  '  That  the  priests  themselves  receive  the  tithes  of  the 
people,  and  write  down  their  names,  and  what  they  have  given, 
and  divide  it,  according  to  canonical  authority,  in  the  presence 
of  witnesses  ;  and  choose  the  first  part  for  the  "  ornament  "  of 
the  church ;  and  dispense  the  second,  by  their  own  hands, 
compassionately  and  with  all  humility,  for  the  use  of  the  poor 
and  strangers;  and  the  priests  alone  are  to  reserve  the  third 
part  for  themselves  ' :  {Ut  ipsi  sacerdotes  popiili  suscipiant  de- 
cimas^ et  nomina  eorum^  et  qucecunque  dederint^  scripta  habeantj 
et  secundum  autoritatem  canonicarn  coram  testibus  dividantj  et 
ad  ornatnentum  ecclesice  primam.  eligant  partem^  secundum 
autem  ad  usmn  pauperum  atque  peregrino7'um  per  eorum 
manus  misericorditer  cum  ofnni  humilitate  dispensent.  Ter- 
tiam  vero  partem  sibimetipsis  soli  sacerdotes  reservent). 

That  these  hijunctions  formed  part  of  a  compilation 
made  in  the  eighth  century  by  Archbishop  Egbert,  or  in 
his  time  under  his  name,  was  the  belief  of  Spelman,  Wil- 
kins,  and  John  Johnson,  in  whose  collections  of  canons,  etc., 
they  were  published  from  the  Cottonian  manuscript,  now  in 
the  British  Museum.  Those  learned  men  were  followed  by 
Bishop  Kennett,^  and  Dr.  Lingard,^  in  the  same  belief;  and, 
in  our  own  day,  by  such  eminent  Anglo-Saxon  scholars 
as  Kemble^  and  Thorpe.'^  And  yet  it  had  been  pointed 
out,  as  far  back   as  a.d.    i6i8,    by    Selden^   (as    it  was 

1  Case  of  Impropriations,  etc.,  p.  lo,  note.  Sou  they,  in  his  Book  of 
the  Church,  and  the  late  Mr.  Brewer,  evidently  derived  their  views  as 
to  the  division  of  tithes,  and  on  some  other  points,  from  Bishop  Kennett. 

2  Antiquities  of  Anglo-Saxon  Church,  vol.  i.  p.  93,  note. 
•*  Anglo-Saxons  in  England,  vol.  ii.  p.  478. 

*  Ancient  Laws,  etc.,  vol.  ii.  pp.  97-127. 

^  Hist,  of  Tithes  (ed.  1618),  ch.  8,  §  i,  pp.  196-198. 


cuAP.vii  EGBERTINE  COMPILATIONS  229 

afterwards  by  Baluze^  and  Mansi)^  that  the  'Excerptions,' 
with  these  articles  as  to  tithes  in  them,  could  not  have 
been  compiled  before  the  ninth  century,  and  there- 
fore could  not  possibly  have  been  the  work  or  of  the 
time  of  Archbishop  Egbert,  who  died  in  a.d.  766.  Few 
who  pay  attention  to  literary  criticism  would  now  dis- 
pute the  conclusions  of  Wasserschleben,^  and  of  Mr.  Had- 
dan  and  Bishop  Stubbs,*  that  none  of  these  compilations 
(except  the  'Penitential'  part  of  two  of  them,  of  which  I 
shall  presently  speak)  have  any  pretension  to  be  associated 
at  all  with  Egbert's  name ;  not  only  that  they  are  not  his,  or 
of  his  time,  but  that  there  '  is  not  sufficient  evidence  to  make 
it  probable  that  they  are  even  based  upon  anything  which 
he  compiled.'^  Having  examined  the  manuscripts  at 
Cambridge  and  Oxford,  and  in  the  British  Museum,  from 
which  they  are  derived,  I  do  not  think  it  superfluous  to 
give  a  more  particular  account  of  them,  than  has  yet  been 
done  in  any  publication  that  I  have  seen. 

The  twenty-one  '  Sacerdotal  Laws '  of  the  Andain  text 
occur  in  four  of  those  '  Egbertine '  manuscripts,  which  I  ar- 
range thus,  in  what  I  am  led  by  internal  evidence  to  think  the 
true  order  of  the  works  they  represent:  (i)  That  bequeathed 
by  Archbishop  Parker  to  the  library  of  Corpus  Christi  College, 
Cambridge  (marked  K.  2  in  Wanley's,  and  265  in  Nasmith's 
catalogue);  (2)  that  numbered  718  in  the  Bodleian  Library 
at  Oxford;  (3)  that  published  by  the  Surtees  Society^  from 
a  MS.  in  the  National  Library  at  Paris,  in  which  it  is  a 
fragment  preceding  a  *  Pontifical '  ascribed  to  Archbishop 

1  Capit.  Reg.  Franc.^  vol.  ii.  (ed.  1780)  p.  1055,  note. 

2  Concil.y  vol.  xii.  pp.  411,  412. 

3  Die  Bussordnungen  (Halle  1851). 

^  Councils,  etc.,  vol,  iii.  pp.  413-416,  note.         *  Ibid.^  p.  415, 
^  Publications  of  Surtees  Society,  vol.  xxvii.  {Egbert's  Pontifical). 


230  ANCIENT  FACTS  AND  FICTIONS         part  ii 

Egbert ;  and  (4)  that  marked  '  Nero,  Ai,'  which  forms  part 
of  the  Cottonian  collection  in  the  British  Museum.  Of 
these,  the  third  is  copied  from  the  second,  or  from  the  work 
which  the  second  represents.  There  is  not,  as  far  as  I  know, 
any  other  copy  of  that  part  of  it.  It  has  been  said  ^  that 
there  are  two  complete  copies  of  the  Bodleian  volume,  No. 
718,  in  the  Vatican  library;  but  this  is  a  mistake.  The 
Vatican  manuscripts  meant  to  be  referred  to  are  two  in  the 
Palatine  collection,  numbered  1347  and  1352.  But  the 
former  of  these  contains  only  the  fourth,  and  the  latter  only 
the  three  last  of  the  four  books  into  which  the  Bodleian 
treatise  is  divided.  Of  the  two  other  Egbertine  manuscripts, 
I  do  not  know  that  any  copies  exist  except  those  at  Cam- 
bridge and  in  the  British  Museum. 

§  2.   The  Worcester  Manuscript  at  Cambridge. 

The  first  of  these  four  manuscripts  belonged  before  the 
Reformation  to  the  church  of  Worcester.^  It  is  of  the 
eleventh  century,  and  its  date  (at  all  events  the  date  of  the 
earlier  part  of  it)  must  be  referred  to  some  time  during  the 
episcopate  of  Wulstan,  the  second  of  that  name,  who  was 

^  In  this  statement,  Mr.  Haddan  and  Bishop  Stubbs  {CoimcilSy  vol. 
iii.  p.  414)  follow  Mansi  {ConciL,  vol.  xii.  p.  411),  who  has  incorrectly 
represented  the  account  of  these  two  Vatican  MSS.,  given  by  the 
brothers  Ballerini.  See  their  text  in  the  *  de  vetustis  canonum  collec- 
tionibus  dissertationum  sylloge'  of  Gallandius  (Venice,  1778),  pp.  93- 
266.  They,  and  also  Wasserschleben  {Beitrage,  etc.,  p.  4),  correctly 
described  the  Vatican  MSS.  The  Bodleian  volume,  No.  718,  they 
evidently  never  saw. 

^  K2  of  Wanley,  No.  265  of  Nasmith.  '  Codex  membranaceus  in 
4to ;  sseculo  xi.  scriptus.  In  protocoUo  habetur  forma  voti  castitatis  a 
monachis  faciendi,  in  hoec  verba  : — Ego  f rater  N.  promitto^  etc.  etc.^ 
domino  prcesule    Wlstano  prasente '   (Nasmith  :     Catalogus  Librorum 


CHAP.  VII  EGBERTINE  COMPILATIONS  231 

Bishop  of  Worcester  from  a. d.  1003  to  a.d.  1023;  for  the 
volume  opens  with  a  form  of  the  monastic  vow  of  chastity, 
beginning  thus ;  '  I,  brother  N.,  promise,  etc.,  in  the  pres- 
ence of  the  Lord  Bishop  Wulstan.'  The  volume  contains  a 
collection  of  many  pieces,  not  all  copied  by  the  same  hand. 
It  has  prefixed  to  it  (in  a  handwriting  much  more  modern 
than  any  part  of  the  book,  and  therefore  not  attributable  to 
the  original  compiler)  this  general  title : 

*The  penitential  book  of  Egbert,  the  seventh  Bishop  of 
York  from  Paulinus,  who  was  the  first  after  him  to  receive  the 
pall,  in  the  seventh  year  of  King  Ceolwul'f,  A.D.  730.' 

Among  the  contents  of  the  volume,  there  are  several 
works  which  the  compiler  could  not  possibly  intend  to 
ascribe  to  Egbert,  because  they  are  attributed  by  name  to 
other  persons,  their  true  authors.  There  are  two  letters  of 
Alcuin,  to  Archbishop  Ethelhard  of  Canterbury  and  Arch- 
bishop Eanbald  of  York ;  the  pastoral  charge  of  Theodulph, 
Bishop  of  Orleans,  to  his  diocese;  and  some  of  those 
homilies  of  ^Ifric,  which  have  often  been  quoted  as  proof 
that  the  doctrine  of  transubstantiation  was  not  taught  by 
the  Anglo-Saxon  Church.^  I  find  nothing  attributed  to 
Egbert  by  any  rubric  of  this  manuscript  except  the  *  Peni- 
tential,' which,  after  careful  research,  has  been  accepted  as 
his  genuine  work  by  Wasserschleben,  and  by  Mr.  Haddan 
and  Bishop  Stubbs. 

MSS.  quos  Collegio  Corporis  Christi  in  Academia  Cantabrigiensi  legavit 
Reverendissimus  Matthceus  Parker^  Archiepiscopus  Cantuariensis,  Cam- 
bridge, 1777).  As  to  this  MS.  having  belonged  to  the  church  of  Wor- 
cester, see  Strype's  Life  of  Parker,  vol.  ii.  p.  509,  and  Wanley's 
Antiqua  Literaturce  Septenirionalis  liber  (17 15),  p.  109. 

^  See  Nasmith's  Catalogue  (as  to  pp.  159  and  174  of  the  manuscript 
book,  No.  265) ;  Whelock's  Bede,  p.  471  ;  Strype's  Life  of  Archbishop 
Parker^  vol.  ii.,  book  iv.,  p.  509. 


232  ANCIENT  FACTS  AND  FICTIONS  part  ii 

The  twenty-one  *  Sacerdotal  Laws '  of  the  Andain  manu- 
script, under  the  rubric,  Jura  quce  sacer dotes  debent  habere^ 
constitute  the  sixth  piece  in  this  collection.  Setting  aside 
the  later  title  on  the  fly-leaf  of  the  book  (which,  as  I  have 
said,  is  not  attributable  to  the  compiler  or  his  scribes), 
there  is  no  representation  that  there  was  any  connection 
between  those  '  Sacerdotal  Laws '  and  Archbishop  Egbert. 
Of  the  seventh  piece,  which  follows  them,  the  rubric  is : 
*  Here  begin  Excerptions  from  Canonical  books '  {Incipiunt 
Excerptiones  de  libris  Canonicis).  It  consists  of  102  extracts 
from  canons  of  councils  and  sayings  of  Fathers  (with 
appropriate  sub-titles),  of  which  I  shall  say  more  when  I 
speak  of  the  Cottonian  manuscript.  Here,  again,  there  is 
nothing  to  represent  that  Egbert  was  the  collector  of  those 
extracts,  or  had  anything  to  do  with  them.  The  eighth 
piece,  which  follows,  is  distinctly  ascribed  to  Egbert  by  this 
rubric :  *  Here  begins  the  Excerption  from  the  Canons  of 
Catholic  Fathers^  and  Penitential  and  Remedy  for  souls,  of 
the  Lord  Egbert,  Archbishop  of  the  See  of  York '  {Incipit 
Excerptio  de  Canon.  Catholicorum  Patrum  et  Poenitentia 
et  Remedium  Animarum  Dni  Echberhti  Archiepi  Eborace 
Civitatis).  The  piece  thus  introduced  is  identical  with  that 
which  (according  to  the  judgment  of  Wasserschleben,  and 
of  Mr.  Haddan  and  Bishop  Stubbs)  was  the  genuine  work 
of  Archbishop  Egbert. 

I  cannot  but  think  that  the  internal  evidence  here  points 
to  the  library  of  St.  Hubert's  monastery  at  Andain  as  the 
probable  source  from  which  the  author  of  this  compilation 
may  have  derived  that  part  of  his  materials  which  is  relevant 
to  my  present  inquiry.  Among  the  manuscripts  in  that 
library  (manuscripts  of  the  tenth  century)  were  the  '  Sacer- 
dotal Laws,'  and  also  the  genuine  'Penitential'  of  Arch- 


CHAP.  VII  EGBERTINE  COMPILATIONS  233 

bishop  Egbert.  Of  the  '  Sacerdotal  Laws,'  as  published  by 
Martene  and  Durand  (and  of  the  differences  between  them 
and  the  Capitulare  Episcoporiim  of  the  Metz  manuscript), 
I  have  spoken  in  an  earlier  chapter.^  The  Worcester  com- 
piler copied  them  evidently  from  the  Andain,  and  not  from 
the  Metz  text.  But  Martene  and  Durand  also  published 
other  manuscripts,  equally  ancient,  from  the  same  library, 
among  which  were  two  Penitentials  of  Anglo-Saxon  origin — 
the  one  entitled,  A  little  book  on  remedies  for  sins  {libellus 
de  refnediis  peccatorum) ;  (which  Wasserschleben  and  Mr. 
Haddan  and  Bishop  Stubbs  believe  to  be  Bede's),^  the 
other  entitled  Another  little  book  on  retnedies  for  sins^  which 
is  Egbert's.^  The  fact  that  both  the  *  Sacerdotal  Laws '  and 
Egbert's  'Penitential'  passed  into  the  collection  of  the 
Worcester  compiler,  under  the  rubrics  which  I  have  men- 
tioned, is  suggestive  of  a  common  source.  The  works  of 
Bede  and  of  Egbert  (the  letters  of  Alcuin  also)  were  in  the 
tenth  and  eleventh  centuries  much  more  likely  to  be  re- 
covered by  English  scholars  from  Galilean  libraries,  than  to 
be  known  to  them  from  originals  or  copies  preserved  in 
England.  This  compilation  also  contains  the  pastoral 
epistle  of  Bishop  Theodulph*  to  his  diocese  of  Orleans; 
who  was  a  great  prelate,  made  abbot  of  Fleury,  and  after- 
wards Bishop  of  Orleans,  by  Charlemagne,  and  in  a.d.  818 
deprived  and  exiled  by  Louis  the  Pious,  and  who  died  in 
A.D.  821.  This  seems  sufficient  to  show  that  the  Worcester 
compilation  was  the  work  of  a  man  who  had  studied 
theology  abroad. 

1  Ante,  pp.  39,  40.     And  see  Appendix  A. 

2  Haddan  and  Stubbs,  Councils,  vol.  iii.  p.  326. 
2  Ibid.  p.  416. 

^  See  Biographie   Universelle  (Brussels  1845-47),  in  mm.   'Theo- 
dulphe,  eveque  d'Orleans.' 


234  ANCIENT  FACTS  AND  FICTIONS  part  ii 

I  am  bold  enough  to  offer  a  conjecture  as  to  who  that 
compiler  may,  probably,  have  been.  It  is  certain  that  he 
was  a  monk  of  Worcester ;  the  first  entry  in  the  book  points 
to  the  time  of  Bishop  Wulstan ;  he  was  evidently  a  learned 
man,  and  a  foreign  traveller.  These  indications  all  agree 
with  what  we  know  of  Oswald,^  that  monk  of  Worcester, 
who  was  sent  abroad  to  visit  the  Galilean  monasteries  by 
and  at  the  expense  of  Oswald  the  famous  bishop ;  he  visited 
the  monasteries  of  Corbey,  St.  Bertin,  St.  Vedast,  and 
St.  Denis,  and  others  not  named  by  his  biographer;  he 
studied  grammar  at  Fleury  under  Constantine,  a  learned 
monk  of  that  time;  and  he  lived  till  a.d.  ioio,  eighteen 
years  after  the  death  of  Bishop  Oswald,  and  seven  after  the 
succession  of  Wulstan  to  the  see  of  Worcester.  At  Fleury 
he  would  naturally  become  acquainted  with  the  pastoral 
epistle  of  Theodulph. 

It  does  not  appear  that  in  the  Andain  manuscripts  the 
*  Penitential '  libellus  alter,  which  in  the  rubric  of  the  Wor- 
cester compilation  is  expressly  attributed  to  Egbert,  was 
inscribed  with  that  name;  the  contrary  is  to  be  inferred. 
But  if  it  was  really  his  (as  the  best  critics  believe),  it  was 
doubtless  known  or  reputed  to  be  his  in  the  monasteries 
where  it  was  preserved ;  and  it  would  be  of  especial  interest 
to  an  Anglo-Saxon  monk  and  student,  the  author's  country- 
man. The  works  of  Theodore,  Egbert,  and  Bede  were 
certainly  brought  into  France  by  Alcuin,  and  into  the 
northern  part  of  the  then  Frank  territory ;  for  Alcuin  had  a 
cell  at  St.  Josse  in  Ponthieu,  a  dependency  of  his  abbey  of 
Ferrieres;  and  it  was  to  that  place  that  his  books  from 
England  came  by  sea. 

Whatever  may  be  thought  as  to  the  authorship  of  this 
^  See  ante,  p.  211,  note. 


CHAP.  VII  EGBERTINE  COMPILATIONS  235 

Worcester  compilation,  it  is  at  least  certain,  that  the  *  Sacer- 
dotal Laws'  contained  in  it  came  from  France;  and  to 
infer,  from  their  being  found  in  such  a  collection  or  in  any 
later  members  of  the  same  literary  family,  that  the  tripartite 
division  of  tithes  prescribed  by  one  of  their  articles  pre- 
vailed in  England,  would  be  no  more  reasonable  than  to 
infer  from  another  article  of  the  same  series,  which  directed 
prayer  to  be  offered  for  '  the  Lord  Emperor,  and  his  sons 
and  daughters,'  that  there  were  Emperors  to  be  prayed  for 
in  England.  There  is  not  a  word  in  the  volume,  repre- 
senting that  the  *  Sacerdotal  Laws '  had,  or  were  supposed  ( 
by  the  compiler  to  have,  authority  in  England ;  any  more 
than  there  is  a  like  representation  as  to  the  pastoral  epistle 
of  Bishop  Theodulph. 

§  3.   The  Exeter  Penitential  in  the  Bodleian  Library  at 
Oxford. 

The  Bodleian  manuscript  volume  (No.  718)  has  been 
usually  regarded^  as  belonging  to  the  tenth,  but  may, 
perhaps,  really  belong  to  the  earlier  part  of  the  eleventh 
century.  It  was  among  the  books  given  by  Leofric,^  the 
last  Bishop  of  Crediton  and  first  of  Exeter,  to  the  church  of 
Exeter.  That  see  was  removed  from  Crediton  to  Exeter  in 
A.D.  1050 ;  and  Leofric  died  shortly  before  a.d.  1074.  He 
was  by  birth  or  education  a  Burgundian  of  Lorraine,  and 

1  Haddan  and  Stubbs,  Councils^  vol.  iii.  p.  415. 

2  Ibid. ;  and  see  Dugdale's  Monasticon  (ed.  Caley,  Ellis,  and  Band- 
inel,  1819),  vol.  ii.  p.  514,  and  app.  iv.  at  527.  On  the  last  written  page 
of  the  Bodleian  MS.  volume  is  a  letter  from  Pope  Leo  IX.  to  Edward 
the  Confessor,  objecting  to  Leofric's  position  at  Crediton,  as  holding 
*  sine  civitate  sedem  Ponttficalem ' ;  and  urging  upon  the  king,  '  ut  de 
Credionensi  villuld  ad  civitatetn  Exonice  sedem  Episcopalem  possit 
mutare. '    A  copy  of  it  is  printed  in  Appendix  F. 


236  ANCIENT  FACTS  AND  FICTIONS  part  n 

he  signalised  his  government  of  the  church  of  Exeter  by 
reversing  there  the  policy  of  Dunstan  and  his  colleagues ; 
ejecting  nuns,  and  supplying  their  places  with  secular 
canons,^  under  a  rule  of  life  borrowed  from  Lorraine. 

The  volume  given  by  him  to  that  church,  with  which 
we  are  now  concerned,  may  be  described  as  a  Manual  of 
Pastoral  Theology  upon  the  doctrine,  practice,  and  casu- 
istry of  Confession  and  Penitence,  divided  into  four  books, 
made  up  from  different  sources.  The  preface  to  the  third, 
and  the  prologue  and  postscript  to  the  fourth  'book,'^ 
would  seem  to  represent  that  this  whole  work  was  composed 
by  a  monk  or  clerk,  at  the  request  of  an  ecclesiastical 
superior  (probably  his  bishop),  for  the  instruction  of  others, 
under  that  Superior's  authority.  But  this  representation  is 
true  of  the  three  latter  books  only  (which  are  irrelevant  to 
our  present  inquiry),  and  is  inapplicable  to  the  first,  with 
which  only  we  are  concerned.  The  complete  work,  to 
which  that  preface,  prologue,  and  postscript  belong,  is  con- 
tained in  the  Vatican  manuscript.  No.  1352 ;  on  comparison  ^ 
of  which  with  the  Exeter  volume  it  is  seen  that  the  Anglo- 
Saxon  compiler,  leaving  out  the  general  introduction  and 
the  first  book  of  that  work,  has  substituted  for  it  the  same 
genuine  'Penitential'  of  Egbert  which  is  found  in  the 
Worcester  manuscript,  with  the  twenty-one  articles  of  the 
(Andain)  *  Sacerdotal  Laws,'  interpolated  in  a  singular 
manner  between  the  prologue  and  the  body  of  the 
*  Penitential ; ' — down  to  which  point  (that  is,  to  the  end  of 
the  *  Sacerdotal  Laws ')  it  is  copied  in  the  Paris  manuscript, 
published  by  the  Surtees  Society ;  *  which  there  breaks  off. 

^  See/<7i'/,  pp.  264-269.  *  See  Appendix  C. 

3  See/tfj/,  Appendix  C. 

*  Vol.  xxvii.  of  the  Surtees  Society's  publications. 


CHAP.  VII  EGBERTINE  COMPILATIONS 


237 


At  the  end,  however,  of  this  substituted  first  book,  there 
are  certain  other  additions,  to  be  presently  described,  which 
form  no  part  of  Egbert's  '  Penitential.' 

At  the  beginning  of  this  Exeter  volume  a  slip  of  paper 
has  been  pasted  in,  containing  this  title  in  a  modern  hand 
— '  The  Penitential  Book  of  Egbert^  Archbishop  of  York ' 
{Liber  Penitentialis  Egberti  Aepi  Ebor) ; — which  may  be 
disregarded.  Three  pages  of  extracts  from  Papal  decrees, 
irrelevant  to  the  general  subject  of  the  volume,  follow. 
These,  also,  are  in  a  different  and  later  hand  from  the  rest, 
and  they  precede  the  proper  paging.  On  the  next  page  is 
a  rubric,  '  Here  begin  the  Articles  of  the  Penitential  Book ' 
{Incipiunt  Capitula  libri  Poenitentialis),  introducing  an 
epitome  of  the  different  matters  which,  in  Archbishop 
Egbert's  genuine  'Penitential,'  follow  the  prologue; — no 
mention  being  made  in  it  of  the  *  Sacerdotal  Laws.'  After 
this  comes  another  rubric,  which  seems  to  be  taken  almost 
literally  from  that  which  in  the  Worcester  manuscript  intro- 
duces Egbert's  genuine  'Penitential' — ^ Here  begins  the 
Excerption  from  the  Canons  of  Catholic  Fathers  of  the 
Penitential  Book  for  Remedy  of  Souls  of  Egbert^  Archbishop 
of  the  See  of  York '  {Incipit  Excerptio  de  Canonibus  Catholic- 
orum  Patrum  Poenitentialis  Libri  ad  Remedium  Animarum 
Ecgberhti  Archi  Epi  Eburacce  Civitatis).  Then  comes 
Egbert's  prologue ;  and,  immediately  after  it,  are  interjected 
the  twenty-one  'Sacerdotal  Laws'  of  the  Andain  and  the 
Worcester  manuscripts,  preceded  by  a  rubric  almost 
identical  with  that  in  the  Worcester  manuscript,  '  These  are 
the  Priests^  Laws^  which  they  ought  to  observe '  {hcBc  sunt  jura 
Sacerdotum,  quce  tenere  debent).  Then  succeeds  the  body  of 
the  genuine  'Penitential';  divided  under  nineteen  heads, 
each  preceded  by  its  appropriate  rubric.     A  prayer  is  added, 


238  ANCIENT  FACTS  AND  FICTIONS  part  ii 

and,  after  that  (introduced  by  a  rubric,  ^  Here  begins  the 
order  of  Confession  according  to  Jerome ;  how  a  Christian 
ought  to  confess  his  sins '),  is  a  penitential  formulary,  consist- 
ing of  litanies  first, — prayers  by  the  penitent, — questioning 
by  the  confessor, — several  forms  of  confession, — the  con- 
fessor's answer, — prayer  by  both  together, — the  priest's 
parting  admonition ;  and,  finally,  a  direction  to  the  penitent 
to  return  to  his  home,  praying  for  grace,  that  he  may 
observe  the  priest's  injunctions. 

After  all  this,  the  first  book  ends  with  the  rubric,  *  The 
end  of  the  Penitential  Book  of  Archbishop  Egbert^  {Fin.  lib. 
Poenitential  Ecgberhti  Archi  Epi). 

Nothing  in  the  volume,  except  this  first  book,  is  ascribed, 
by  any  title  or  rubric  which  really  belongs  to  the  compiler's 
work,  to  Archbishop  Egbert.  But  the  *  Sacerdotal  Laws,' 
and  the  formulary  of  the  *  order  of  confession  according  to 
Jerome '  at  the  end,  do  appear,  according  to  the  letter  of 
the  initial  rubric  before  the  prologue,  and  of  the  final  rubric 
which  closes  the  first  book,  to  be  attributed  to  him. 

I  doubt,  however,  whether  this  was  the  compiler's  inten- 
tion. I  think  it  probable,  that  the  matter  which  was  not 
Egbert's  was  added,  by  way  of  supplement,  as  germane  to 
the  matter  of  the  book,  and  practically  useful  for  its  applica- 
tion ;  and  that  it  did  not  seem  to  the  compiler  inconsistent 
or  improper  still  to  describe  the  book  as  Egbert's,  without 
noticing  the  interpolation  of  the  *  Sacerdotal  Laws '  (taken, 
as  the  '  Penitential '  itself  probably  was,  from  the  Worcester 
collection)  or  the  addition  of  the  formulary.  The  formu- 
lary (expressly  said  to  be  according  to  St.  Jerome)  speaks 
for  itself.  Of  the  interpolation  of  the  '  Sacerdotal  Laws ' 
between  the  prologue  and  the  body  of  the  '  Penitential,'  I 
will  state  what  seems  to  me  to  be  the  probable  explanation. 


CHAP.  VII  EGBERTINE  COMPILATIONS  239 

For  this  purpose  it  is  necessary  to  describe  shortly  the 
nature  of  the  prologue,  and  of  the  body  of  Egbert's  *  Peni- 
tential.' 1 

The  prologue  is  an  exhortation  to  those  priests  who'  are 
to  act  as  confessors  to  penitents,  and  prescribe  medicines 
(an  analogy  dwelt  upon  with  much  earnestness)  for  moral 
and  spiritual  diseases.  It  urges  upon  them  the  duty  of 
discrimination,  and  attention  to  what  (following  the  same 
analogy)  may  be  called  the  diagnosis  of  spiritual  casuistry. 
It  enforces  those  precepts  by  citations  from  Gregory 
Nazianzen,  and  from  the  prophet  Ezekiel ;  and  it  refers  to 
*  the  apostles  and  holy  fathers,  and,  afterwards,  Paphnutius ' 
(an  anchorite  of  Upper  Egypt,  a  man  of  much  influence 
and  reputation  for  sanctity  in  the  fourth  century,^  whose 
name  is  here  written  Penufius\  '  and  after  him  the  canons 
of  the  holy  fathers,  and  many  more,  such  as  Jerome,  Augus- 
tine, Gregory,  and  Theodore,'  as  the  founders  and  ex- 
pounders of  this  method  of  discipline;  adding  (which 
explains  the  reference  to  the  'canons  of  the  Catholic 
fathers,'  and  the  use  of  the  word  *  Excerption '  in  the  rubric) 
that  the  writer  had  faithfully  written  down  what  he  found 
in  the  sayings  and  opinions  of  all  those  authorities;  (ex 
quorum  omnium  ista  descripsimus  dictis  et  sententus  veraciter). 

As  to  the  character  of  the  body  of  the  work,  it  is 
sufficient  to  mention  a  few  of  the  titles  or  headings  of 
its  nineteen  articles;  such  as  (i)  What  are  deadly  crimes ; 
(3)  Of  lesser  sins  ;  {^)  Of  covetousness,  Qtc.\  (6)  Of  homicides, 
etc.;   (17)  Of  the  redemption  of  penance ;  (18)  How  penance 

1  See  them  printed  in  Haddan  and  Stubbs,  Councils  (vol.  iii.  pp. 
416-431)  from  Wasserschleben's  text,  after  a  Vienna  manuscript. 

2  See  the  Acts  of  the  first  Council  of  Nicaea,  in  Mansi,  Concil. ,  vol. 
ii.  p.  906. 


240  ANCIENT  FACTS  AND  FICTIONS  part  ii 

may  be  abridged,  and  (19)  How  the  priest  ought  to  receive 
penance.  It  is  a  graduated  code  of  penances,  for  different 
offences  against  religion  and  morals;  in  its  first  aspect 
severe,  but  relaxed  by  allowing  the  principle  of  commuta- 
tion. 

Towards  the  middle  of  the  prologue,  this  exhortation  is 
addressed  to  candidates  for  the  priesthood  : 

'  Now,  therefore,  O  my  brethren,  let  him  who  desires  to 
receive  the  sacerdotal  authority  first  think  for  the  sake  of 
God  upon  his  arms,  and  prepare  them  before  the  bishop's 
hand  touches  his  head  :  that  is,  the  psaltery,  the  lectionary, 
the  antiphonary,  the  missal,  the  baptismal  office  {baptisteriu7n\ 
the  martyrology  through  the  whole  course  of  the  year  for 
preaching,  and  the  cyclical  reckoning  ^  of  time  {compotum  cum 
cycle')  ;  that  is,  the  sacerdotal  law  {hoc  est,  jus  sacerdotuni)  ; 
and,  after  that,  his  '''■  Penitential,^^  ^  etc. 

It  has  been  seen,  that  the  twenty-one  *  Sacerdotal  Laws,' 
with  the  rubric  before  them,  *  Hcec  sunt  jura  sacerdotum  qua 
tenere  debentj  are  interjected  between  the  prologue  and  the 
practical  part  of  the  '  Penitential'  The  explanation  seems 
to  me  to  be,  that  the  compiler,  finding  in  the  prologue  this 
direction,  and  also  finding  in  the  monastic  collection  before 
him  (if  it  was  the  Worcester  collection  or  any  similar  text 
from  which  he  copied),  these  '  Sacerdotal  Laws,'  thought  it 
convenient  to  put  them  in,  by  way  of  supplement  to  the 
enumerated  service-books  and  offices  of  the  Church,  which 
would  be  otherwise  accessible  to  his  readers.  And  he  put 
them  into  the  particular  place  where  they  are  found,  be- 
cause, forming  no  part  of  the  *  Penitential '  itself,  they 
nevertheless  seemed  to  him  germane,  as  Sacerdotal  Law,  to 
the  preliminary  course  of  study  recommended. 

'  I.e.  of  Easter,  and  the  other  movable  feasts,  etc. 


CHAP.  VII  EGBERTINE  COMPILATIONS  241 

The  verbal  correspondence  of  the  rubrics  which  I  have 
mentioned  with  those  of  the  Worcester  text,  as  well  as  a 
clerical  error,  not  found  either  in  the  Andain  or  in  the  Metz 
manuscript,  but  which  occurs  in  a  contracted  form  in  the 
Worcester  text,  and  is  here  expanded  without  contraction, 
leads  me  to  think  it  probable,  that  the  compiler  of  the 
Exeter  manual  may  have  had  before  him,  and  copied  from, 
that  Worcester  text.  The  error  in  question  is  in  the  article 
as  to  the  division  of  tithes,  which  was  to  be  made  (according 
to  both  the  Galilean  texts)  '  before  witnesses '  {coram  testibus). 
The  word  testibus^  if  written  in  a  contracted  form,  might  be 
miscopied  by  a  rapid  transcriber,  so  as  to  be  read  timen- 
tibus ;  and  timentibus  (contracted)  is  the  word  in  the  Wor- 
cester text.  It  is  timentibus  at  full  length  in  the  Exeter 
text,  and  in  the  fragment  copied  from  it,  which  the  Surtees 
Society  ^  published ;  it  is  also  timentibus  (contracted)  in  the 
later  Cottonian  text.  The  participle  timentibus  {fearing)^ 
without  any  noun  to  be  governed  by  it — and  there  is  none 
in  any  of  these  texts — left  the  sense  imperfect ;  it  could  not 
(standing  alone)  be,  and  it  was  not  in  fact,  correct.  For 
supplying  after  it  (as  most  of  the  English  editors  did)  the 
word  Deum  (God)  there  is  no  authority  in  any  manuscript. 
Such  an  error,  repeated  as  it  is  throughout  this  particular 
family  of  documents,  is  indicative  (as  it  seems  to  me)  of  a 
common  origin;  and,  if  so,  that  origin  may  have  been  in 
the  Worcester  collection.  Nor  is  it  improbable  that  Bishop 
Leofric  might  have  obtained  the  manual,  which  he  gave  to 
the  church  of  Exeter,  from  the  conventual  church  of 
Worcester,  then  famous  for  learning.  Leofric's  immediate 
predecessor  at  Crediton,  Livingus,  had  been  translated  to 
Worcester. 

^  Vol.  xxvii.  of  the  Surtees  Society's  publications. 
R 


242  ANCIENT  FACTS  AND  FICTIONS  part  ii 

§  4.   The  Worcester  '  Excerptions '  in  the  Cottonian 
Collection, 

The  manuscript  volume  from  which  the  compilation 
commonly  known  as  the  *  Excerptions  of  Egbert '  was  printed 
by  Spelman,  Wilkins,  and  Thorpe  (which  formed  part  of 
Sir  Robert  Cotton's  library,  and  is  now  in  the  British 
Museum),  also  belonged  to  the  church  of  Worcester.^  It 
does  not  contain  Egbert's  'Penitential,'  or  any  part  of  it. 
It  is  a  mixed  collection  of  Anglo-Saxon  laws,  etc.,  and 
ecclesiastical  documents,  beginning  with  the  laws,  etc.  (in 
Anglo-Saxon)  of  Canute,  Edgar,  Alfred,  Athelstan,  Edmund, 
and  Ethelred,  mixed  with  and  followed  by  other  things, 
some  Latin;  and,  farther  on,  the  'Excerptions,'  also  in 
Latin.  Mr.  Thorpe  ^  says  of  the  '  part  of  the  volume  con- 
taining Anglo-Saxon  laws,'  that  it  was  written,  'apparently,' 
in  the  beginning  and  middle  of  the  eleventh  century.  Of 
the  '  Excerptions,'  Selden  ^  considered  the  writing  to  be  of 
about  the  time  of  Henry  I.  They  are  preceded  by  a  short 
preface,  about  church  canons ;  after  which  follows  a  rubric, 
in  the  body  of  the  text :  '  Here  begins  the  sacerdotal  law ' 
{Inc.  jus  sacerdotale) ;  and  opposite  to  it,  in  the  margin, 
another  rubric  (a  thing  unusual  in  the  volume)  :  '  Here  begin 
the  Excerptions  of  Egbert^  Archbishop  of  York,  concerning 
Sacerdotal  Law^  {Incipiunt  Excerptiones  Ecgberhti  Arcipi 
Eburace  civitatis  de  Sacerdotali  Jure),  I  infer,  that  this 
marginal  title  was  not  found  in  the  book  or  books  (whatever 
they  may  have  been)  from  which  those  '  Excerptions '  were 

^  Thorpe's  Ancimt  Laws,  etc.  (vol.  i. ,  MS.  G.  in  his  '  List  of  Manu- 
scripts,' etc.,  preceding  table  of  contents;  *  Nero  A.  i  'of  the  Cottonian 
collection).  2  /^^^ 

3  Hist,  of  Tithes  (ed.  1618),  ch.  8,  §  i,  p.  196. 


CHAP.  VII  EGBERTINE  COMPILATIONS  243 

taken ;  and  this  seems  to  have  been  the  view  of  the  framer 
of  a  comparatively  modern  table  of  contents  prefixed  to  the 
whole  volume,  in  which  notice  is  taken  of  the  fact  that  some 
of  them  were  derived  from  Frank  '  capitulars.'  If  the  mar- 
ginal rubric  was  meant  to  apply  to  all  the  'Excerptions' 
which  follow,  the  description  was  not  happy;  for  a  large 
number  of  them  relate  to  other  subjects,  and  not  to  the  law 
or  duties  of  the  priesthood. 

I  will  now  state  what  those  '  Excerptions '  ^  are.  First 
come  the  twenty -one  'Sacerdotal  Laws'  of  the  Andain 
manuscript.  Then  seven  more^  (all  taken  from  Frank 
capitulars  or  Galilean  canons),  which,  from  their  subject 
matter,  might  be  considered  to  belong  to  the  same  category. 
One  of  these  ^  is  Charlemagne's  capitular  of  a.d.  813  (con- 
firming canons  to  the  same  effect  made  in  the  same  year  at 
the  Synods  of  Mentz  and  Aries),  directing  that  'churches 
established  of  old  should  not  be  deprived  of  tithes  or  of  any 
other  possessions,  so  as  to  give  them  to  new  churches.' 
This  (which  is  also  one  of  the  articles  following  the  twenty- 
one  in  the  Andain  manuscript,  and  not  in  the  Metz),  is  here 
given  in  the  words  of  the  Council  of  Mentz.  Two  others 
are  from  the  capitulars  of  a.d.  816,  made  by  Louis  the 
Pious  at  Aix-la-Chapelle, — the  'manse  ordinance,'  and  the 
first  part  of  the  ordinance  against  the  appointment  or 
removal  of  priests  without  the  authority  of  the  bishop ;  both 
which  have  been  stated  in  an  earlier  chapter  of  this  work.^ 
These  seven  are  succeeded  by  a  long  series  of  extracts,  135 
altogether,^  from  the  (so-called)  Apostolical  canons,  and 
from  Oriental,  African,  Roman,  Peninsular,  Galilean,  and 

*  Thorpe's  Ancient  Laws,  etc.,  vol.  ii.  p.  97. 

2  Ibid.y  pp.  100,  loi  (arts.  22-28).  ^  Art.  24. 

*  Ante,  p.  85.  ^  Beginning  with  art.  29  {ibid.,  p.  loi). 


244  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Irish  councils,  passages  of  Scripture,  and  writings  of  Fathers 
and  Popes;  seventy -two  of  which  are  also  found  in  the 
Worcester  manuscript  at  Cambridge.^  And,  although  the 
order  of  the  extracts  common  to  both  collections  is,  in  the 
Cottonian  collection,  often  changed,  it  corresponds  to  an 
extent  sufficient  to  prove  that  the  author  of  the  later  Wor- 
cester '  Excerptions '  borrowed  from  the  earlier  work ;  which 
(if  he  was  a  Worcester  monk)  was  in  the  library  of  his  own 
monastery.  There  are  (for  example)  eleven  extracts  together 
in  one  part  of  the  series,  and  nine  more  in  another,  which 
are  not  only  the  same,  but  in  the  same  order.^  The  pre- 
face,^ also,  of  the  Cottonian  'Excerptions'  contains  a 
passage  attributed  to  *  Augustine,  Bishop  of  Orleans,'  which 
is  the  first  of  the  'Excerptions'  in  the  Cambridge  manu- 
script after  the  twenty-one  *  Sacerdotal  Laws.' 

Further  comment  on  these  Cottonian  *  Excerptions,'  upon 
the  ascription  of  which  to  Archbishop  Egbert  so  many  learned 
men  have  founded  conclusions,  seems  to  be  superfluous.  I 
may  mention,  however,  as  indicative  of  their  late  date  and 
true  character,  certain  things.  The  article  numbered  by 
Mr.  Thorpe  133  *  is  (as  Mansi  ^  has  pointed  out)  taken  ver- 
batim from  the  biography  of  Gregory  the  Great,  by  John  the 
Deacon,^  a  monk  of  Monte  Cassino,  who  wrote  about  a.d. 

^  See  Appendix  D. 

2  The  fifty-second  to  the  sixty-second  (both  inclusive),  and  again, 
the  seventy-first  to  the  seventy-ninth  (both  inclusive)  of  the  Cambridge 
'Excerptions,'  are  the  same  with  the  sixty-third  to  the  seventy-third 
(both  inclusive),  and  the  eighty-third  to  the  ninety-first  (both  inclusive), 
of  the  Cottonian  *  Excerptions. ' 

*  Thorpe's  Ancient  Lavs,  etc.,  vol.  ii.  p.  97. 

*  Ibid.,  p.  118. 

°  Concil.,  vol.  xii.  pp.  411,  412. 

*  Vita  S.  Gregorii,  lib.  ii.,  cap.  38.  See  Mansi,  Concil,  vol.  xii. 
p.  4". 


CBAP.  VII  EGBERTINE  COMPILATIONS  245 

875  (above  a  hundred  years  after  Egbert's  death)  and 
dedicated  his  work  to  Pope  John  VIII.  There  are  articles 
{e.g.  those  numbered  141  and  144  by  Mr.  Thorpe  ^)  taken 
from  the  *  decretals  '  of  the  early  Popes  fabricated  by  the 
false  Isidore,  and  from  the  spurious  Acts  of  the  pretended. 
Roman  Council  under  Pope  Sylvester.  Another  (the  io2d  ^) 
attributes  to  Augustine  the  passage,  quoted  as  his  in  the 
Decretum  of  Gratian,  in  which  tithes  are  described  as  '  the 
tributes  of  churches  and  of  needy  souls,'  and  are  commanded 
to  be  paid  from  the  soldier's  wages,  the  merchant's  gains, 
and  the  artisan's  earnings.  Another  (the  124th  3)  allowed 
the  husband  of  a  woman  who  had  left  him  and  would  not 
be  reconciled  to  marry  again,  with  his  bishop's  consent, 
after  five  or  seven  years ;  declaring,  at  the  same  time,  that 
this  would  be  adultery,  to  be  expiated  by  penance  for  three 
years,  or  for  the  man's  whole  life. 

Into  the  question,  whether  these  '  Excerptions '  were,  as 
some  writers  have  thought,^  the  work  of  Hucarius,  a  deacon 
of  St.  German's,  in  Cornwall,  who  is  said  to  have  lived  in 
the  reign  of  Harold  Harefoot  (a.d.  1035-1039),  I  do  not 
think  it  necessary  to  enter.  It  seems  hardly  probable,  that 
the  work  of  a  Cornish  deacon  would  be  preserved  in  the 
library  of  the  church  of  Worcester,  and  not  elsewhere,  and 
would  bear  the  relation  which  this  work  does  to  another  and 
earlier  compilation,  also  in  that  library.  If  Hucarius  was 
concerned  in  any  of  these  compilations,  it  may  have  been  the 
second  in  date — that  which  Bishop  Leofric  presented  to  the 

1  Thorpe's  Ancient  Laws,  etc.,  vol.  ii.  pp.  120,  121. 

2  Ibid.,  p.  112  (see  ante,  p.  46).  ^  Ibid.,  p.  116. 

*  See  Johnson's  Laws  and  Canons  (Oxford  ed.  1850),  vol.  i.  p.  181 
(editor's  note) ;  and  Bale  (p.  152)  and  Leland,  there  referred  to.  Also 
Mansi,  Concil.,  vol.  xii.;  Prcemonitio,  p.  411 ;  and-Wasserschleben,  Die 
Btissordnungen,  etc.,  preface,  pp.  44,  45  (Halle  1851). 


246  ANCIENT  FACTS  AND  FICTIONS  part  ii 

church  of  Exeter.  But  it  is  enough  for  my  purpose  to  have 
exhibited  the  real  nature  and  character  of  all  these  docu- 
ments, and  to  have  traced,  as  far  as  possible,  their  con- 
nection with  each  other,  and  with  the  '  Sacerdotal  Laws '  of 
.Andain. 


CHAPTER   VIII 

FOURTH    PERIOD AELFRIC    AND    OTHER    WRITERS    OF   THE 

GALLICAN    SCHOOL 

§  I.   The  Canterbury  ^  Statuta  Synodorum* 

The  compilations  spoken  of  in  the  preceding  chapter 
made  no  claim  to  authority.  They  were  collected  from 
miscellaneous  sources,  without  special  reference  to  England, 
or  to  English  laws  or  customs.  Of  the  canons  and  other 
precepts  which  they  brought  together,  some  were,  others 
were  not,  generally  received  in  the  Western  Churches. 
They  were  composed  for  the  information  and  edification  of 
priests  or  clerks,  by  men  who  had  been  students  in  foreign 
schools.  They  contain  some  things  which  could  not  pos- 
sibly have  been  meant  to  be  acted  upon  in  England; 
for  example,  an  Irish  canon,  ^  directing  lots  to  be  cast 
whether  a  man  who  had  stolen  goods  from  a  church  should 
have  his  hand  cut  off,  or  be  thrown  into  gaol,  '  there  long 
to  fast  and  mourn.' 

A  manuscript,  now  lost,  which  Selden  ^  has  described, 
and  which  formerly  belonged  to  St.  Augustine's  Abbey  at 
Canterbury,  and  was  afterwards  in  Sir  Robert  Cotton's 
library,  must  have  been  of  the  same  character.  It  was  entitled, 

1  Art.  74  of  Excerptiones  Ecgberti  (Thorpe's  Ancient  Laws,  vol.  ii. 
p.  108).  2  jji^f^  of  Tithes,  ch.  8,  §  5  (ed.  1618,  pp.  210-213). 


248  ANCIENT  FACTS  AND  FICTIONS  part  ii 

*  Statuta  Synodorum '  (Sy nodical  Constitutions) ;  and,  in  its 
original  form,  was  a  collection,  made  in  King  Athelstan's 
time  (a.d.  924-940),  of  Roman,  Gallican,  and  Irish  canons, 
with  extracts  from  St.  Augustine,  St.  Jerome,  Gregory  the 
Great,  and  Isidore  of  Seville,  and  some  from  Gildas  and 
St.  Patrick ;  whence  Selden  inferred,  that  the  compiler  was 
of  British  or  Irish  origin.  As  to  tithes,  that  collection 
contained  one  paragraph  ;  in  which  no  council  or  canon 
was  referred  to,  but  only  the  Levitical  laws,  and  a  passage 
attributed  to  St.  Augustine.   ^'  4  ^^^ 

To  this  account  of  the  original  collection  Selden^  adds, 
that  there  was  appended  to  it,  in  a  later  hand  of  uncertain 
date,  a  supplement,  with  this  inscription  :  '  Incipiunt  pauca 
judicia^  qiice  desunt  de  supra-dictis,^ — in  which  the  ancient 
code  of  the  Roman  Church,  and  some  other  authorities 
from  the  same  fathers,  and  from  a  few  of  the  older  councils, 
were  cited.     *  But '  (he  proceeds) — 

*No  denominated  Pontifical  or  Synodal  is  remembered 
there  for  tithes ;  only  the  texts  of  Moses  for  tithes,  first  fruits, 
the  first  born,  and  such  more,  are  numbered  together.  And 
then  follows  a  chapter,  "  De  divisions  decimarufn"  with  this 
declaration :  "  Lex  dicit,  ipsi  sacerdotes  populi  suscipiant 
deciinas^  et  nomina  eorian^  quicquid  dederint^  scripta  habeanty 
et  secundum  autoritatem  canonicam,^^  etc., — in  the  selfsame 
words  as  are  attributed  to  the  "  Excerptions  "  of  Egbert.' 

'  That  Lex  dicit '  (he  added)  *  may  be  referred  to  the 
canon  related  out  of  the  **  Excerptions  "  of  Egbert ;  but 
whence  that  canon  is  originally,  I  have  not  yet  learned.' 

We  know  what  Selden  did  not :  that  the  *  Law,'  to  which 

1  Hist,  of  Tithes,  ch.  8,  §  5  (ed.  16 18),  p.  21 1. 

2  The  ^quicquid  dederint^  {whatever  they  have  given),  coincides  in 
sense  with  a  clerical  error  of  the  Andain  text,  which  the  other  Anglo- 
Saxon  copyists  corrected  into  ^quicunqtie  dederint''  {whoever  have  given)^ 
— the  Metz  reading. 


CHAP,  viii  AELFRIC  AND  HIS  SCHOOL  249 

the  compiler  of  the  pauca  judicia  referred,  was  a  local 
constitution  of  the  bishops  of  a  particular  district  in  the 
Netherlands  or  France, — the  fifth  article  of  the  Andain 
'Sacerdotal  Laws.'  Its  occurrence,  in  such  a  supple- 
ment to  a  work  of  King  Athelstan's  time,  confirms  the 
conclusion,  that  it  had  become  known  in  this  country  by 
means  of  that  intercourse  between  English  ecclesiastics 
and  Galilean  monks  and  monasteries,  which  in  so  many 
ways  took  place  during  the  days  of  Oswald,  Ethelwold,  and 
Dunstan. 

§  2.  Aelfric  *  the  Grammarian.^ 

There  was  a  period,  of  perhaps  about  twenty  years,  falling 
within  the  latter  and  most  troubled  part  of  King  Ethelred's 
reign,  during  which  the  influence  of  the  Andain  '  Sacerdotal 
Laws,'  upon  some  persons  of  reputation  belonging  to  the 
Benedictine  party  in  England,  became  very  manifest.  Among 
these  was  Aelfric  *the  grammarian,'  who  composed  a 
Pastoral  Epistle  or  Charge  ^  for  a  bishop  named  Wulfsin, 
of  which  it  is  now  necessary  to  speak. 

Concerning  this  Aelfric,  there  has  been  great  con- 
troversy.2  Wharton,^  the  author  oi  Anglia  Sacra^  identified 
him  with  Aelfric  Putta,  Archbishop  of  York  from  a.d.  1023 
to  1052;  Mores*  (who  was  followed  by  Dean  Hook)^ 
identified  him  with  Aelfric,  Archbishop  of  Canterbury 
from   A.D.   995    to    1005.      Both   opinions    are   certainly 

^  See  Thorpe's  Ancient  Laws,  vol.  ii.  p.  342  ;  Johnson's  Laws 
and  Canons f  vol.  i.  p.  382  (ed.  1880). 

2  The  arguments  of  Archbishop  Ussher,  and  other  writers  earlier 
than  the  eighteenth  century,  are  stated  by  Wharton,  ^  De  duobus 
Aelfricis*  {Atiglia  Sacra,  vol.  i.  pp.  125-132);  and  by  E.  R.  Mores, 
Aelfric,  ed.  1789,  pp.  3-18. 

^  Anglia  Sacra,  vol.  i.  pp.  125- 132.  ^  Mores,  pp.  18-42. 

^  Lives  of  Archbishops,  vol.  i.  pp.  436,  437. 


2SO  ANCIENT  FACTS  AND  FICTIONS  part  ii 

erroneous.^  The  document  in  question  (miscalled  *  Aelfric's 
Canons'),  must  have  been  composed  between  a.d.  992  and 
1001  ;  in  the  former  of  which  years  Wulfsin,  who  had 
been  made  Abbot  of  Westminster  by  Archbishop-  Dunstan, 
was  advanced  to  the  see  of  Sherborne.^  There  was  no 
other  bishop,  of  the  same  or  the  like  name,  for  whom 
it  could  have  been  written.  Wulfsin  lived  till  a.d. 
looi  ;^  he  was,  like  Aelfric,  zealous  for  monasticism ;  and 
in  A.D.  998,*  under  a  charter  of  that  year  from  King 
Ethelred,  he  expelled  secular  clerks  from  his  conventual 
chapter  of  Sherborne,  and  established  Benedictines  in  their 
places. 

The  preamble  to  the  (so-called)  Canons  is  expressed  in 
terms  which  show  clearly  that  the  writer  was  not,  at  the 
time  when  it  was  written,  a  bishop.  But  the  Aelfric 
who  in  A.D.  995  became  Archbishop  of  Canterbury  was 
already,  in  a.d.  992,  Bishop  of  Ramsbury,  to  which  see  he 

^  Dean  Hook  {Lives  of  Archbishops^  vol.  i.  p.  436)  accepted  Mr. 
Thorpe's  view,  that  *  the  real  question  lies  between  Elfric,  Archbishop 
of  Canterbury,  and  Elfric,  Archbishop  of  York ' ;  adding,  that,  *  if  this 
point  be  conceded,  the  question  is  at  once  settled  by  internal  evidence ' : 
— for  which  purpose  he  relied  upon  historical  proofs  of  the  arrogant 
worldly  character  of  that  Archbishop  of  York.  But  the  question 
is  not  so  limited.  Aelfric  was  in  those  days  a  very  common  name. 
Within  about  a  hundred  years,  from  a.d.  941  to  1038,  it  was  the  name 
of  eight  bishops ;  it  was  borne  by  secular  persons  of  note  also,  to 
identify  and  distinguish  whom  is  hardly  less  difficult  than  in  the  present 
instance.  (See  Freeman's  Norman  Conquest,  vol.  i.  p.  627,  App.  cc. ) 
Mr.  Baron,  the  learned  editor  of  Johnson's  Laws  and  Canons,  in  his 
note  to  vol.  i.  p.  387,  justly  relies  upon  William  of  Malmesbury,  as 
showing  that  the  *  grammarian '  was  not  either  of  those  archbishops. 

2  Stubbs'  Registrum  Sacrum  Anglicanum,  p.  17. 

'^  Ibid.    (His  successor,  Ethelric,  was  consecrated  in  that  year.) 

4  See  King  Ethelred's  charter  of  A.  D.  998  (granted  *  on  the  advice  of 
Archbishop  Aelfric'),  in  Wharton's  Anglia  Sacra^  vol.  i.  p.  170;  and 
see  Mores,  Aelfric^  p.  32. 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  251 

had  been  consecrated  in  a.d.  990.^  The  author  of  the 
Canons,  after  he  had  translated  that  work  (which  seems  to 
have  been  first  composed  in  Latin)  into  Anglo-Saxon,  as 
we  have  it,  described  himself  as  a  '  monk  and  mass-priest  -^ 
and  at  another  time,  which  could  not  have  been  earlier  than 
A.D.  1002,  he  addressed  an  Anglo-Saxon  translation  of 
another  document,  of  the  same  character,  as  '  Abbot  Aelfric ' 
to  'the  Venerable  Archbishop  Wulstan'^  {Aelfricus  Abbas, 
Wulstano  Venerabili  Archiepiscopo).  Wulstan,  so  addressed, 
was  Bishop  of  Worcester  and  Archbishop  of  York  from  a.d. 
1003  to  1023.'* 

The  author  of  the  Canons  was  not,  therefore,  Aelfric, 
Archbishop  of  Canterbury.  Neither  could  he  have  been 
Aelfric  Putta,  Archbishop  of  York.  The  'grammarian'  had 
been  a  pupil  of  Ethelwold,^  at  Abingdon  or  Winchester, 
and  was  afterwards  Abbot  of  Malmesbury.  A  charter  of 
King  Edgar,  preserved  by  William  of  Malmesbury,^  shows 
that  he  was  placed  in  charge  of  that  Abbey  before  a.d.  974, 
on  account  of  his  great  knowledge  of  ecclesiastical  '  manners 
and  offices.'  The  same  chronicler  (WiUiam  of  Malmesbury) 
speaks  of  him  in  his  Life  of  Aldhelm,^  as  '  a  very  learned  man, 
and  especially  a  most  elegant  translator '  {peritum  h'ttemfUfn, 
pi'cesertimqtie  elegantissimum  interpreteni)  \  as  having  shown 

^  Stubbs,  Reg.  Sacr.  Anglic.^  p.  17. 

^  Preface  to  Sermones  ,  Catholici,  to  which  the  (so-called)  Canons 
were  appended.  See  Wharton,  Deduobus  Elf  rids  {ubi  supra),  p.  130  ; 
and  Mores,  ^Ifric,  p.  8. 

^  See  Thorpe,  Ancient  Laws^  vol.  ii.  p.  364. 

^  Stubbs,  Reg.  Sacr.  Anglic,  p.  17.  He  was  consecrated  to  Wor- 
cester and  York  in  a.d.  1003, 

^  Wharton's  Anglia  Sacra,  vol.  i.  pp.  129,  130. 

^  A.D.  974.  See  Wharton,  Anglia  Sacra,  vol.  i.  p.  128 ;  Johnson's 
Laws  and  Canons,  vol.  i.,  ed.  1880,  p.  387,  note. 

"^  Wharton,  Anglia  Sacra,  vol.  ii.  pp.  32,  33. 


252  ANCIENT  FACTS  AND  FICTIONS  taet  ii 

architectural  skill  in  additions  which  he  made  to  the  build- 
ings of  the  monastery ;  as  having  been  appointed  in  his  old 
age  to  the  see  of  Crediton,  which  he  held  for  four  years ; 
and  as  having  left  behind  him  excellent  works  {codices^  non 
exigua  ingenii  monumenfa).  It  cannot  be  supposed  that 
he  would  have  been  made  Abbot  of  Malmesbury  before  he 
was  thirty  years  old  (the  age  necessary  at  that  time  for 
priest's  orders).  If,  therefore,  he  had  lived  till  the  death  of 
Aelfric  Putta,  Archbishop  of  York,  he  would  have  been 
more  than  a  centenarian. 

With  respect  to  his  other  writings,  the  Institutes  of  Polity  ^ 
(which  belong  to  Ethelred's  reign)  correspond  closely  with 
the  'Canons,'  in  several  passages; ^  so  closely,  as  to  suggest 
one  authorship;  and  the  Pastoral  Epistle  addressed  to 
Archbishop  Wulstan,^ — a  work  of  the  same  nature,  also 
written  with  a  view  to  its  delivery  as  a  charge  by  a  bishop 
to  his  clergy, — is  plainly  by  the  same  hand.  It  is  animated 
by  the  same  monastic  zeal ;  it  enforces  the  rule  of  cleri- 
cal celibacy  by  the  same  assertions  and  arguments;*  it 
assumes  in  the  same  manner  ignorance  on  the  part 
of  the  secular  clergy  of  the  elements  of  ecclesiastical 
knowledge^ ;  and  it  instructs  them  on  the  same  points.^ 
In  one  respect,  however,  there  is  a  noteworthy  difference. 
The  Institutes  and  the  Pastoral  Epistle  do  not  (although  the 
charge  written  for  Bishop  Wulfsin  does)  borrow  from  the 
Metz  or  Andain   'Sacerdotal  Laws'  the  injunction  for  a 

1  Thorpe's  Ancient  Laws,  vol.  ii.  pp.  305-341. 

2  E.g. ,  art.  22  (as  to  second  marriages  of  laymen),  and  art.  23  (as 
to  the  Nicene  and  other  Oecumenical  Councils),  ibid.,  pp.  333,  335, 

8  Ibid.,  pp.  364-393. 

*  Articles  9-12,  21,  32,  38-40  {ibid,  pp.  369,  373,  ziD- 

^  Articles  6-8,  34-37  {ibid,  pp.  367,  379). 

«  Articles  23-31,  42,  43,  49,  50  {ibid.,  pp.  374*377,  387). 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  253 

tripartite  division  of  tithes.  They  are  wholly  silent  as  to 
any  such  division ;  although  in  the  Institutes^  among  other 
invectives  against  married  priests,  is  one^  which  imputes  to 
them  neglect  of  their  churches  and  of  the  poor,  and  of 
charitable  works. 

The  times  had  changed  much  since  the  *  peaceful '  days 
of  Edgar,  and  the  ascendancy  of  Dunstan.  The  Church 
had  once  more  to  contend  with  heathenism;  and  within  the 
Church  monasticism  was  no  longer  all-powerfuL  The  Insti- 
tutes of  Polity  and  the  two  pastoral  epistles  or  charges 
written  for  Wulfsin  and  Wulstan,  as  well  as  some  of  the 
documents  commonly  classed  among  the  secular  acts  of 
King  Ethelred's  reign,  reflect  that  change,  and  show  a  dis- 
position to  withdraw  from  the  rural  secular  clergy  the  rights 
which  in  the  time  of  Edgar  had  been  conceded  to  them. 
*  Beloved'  (said  the  pastoral  epistle  addressed  to  Arch- 
bishop Wulstan),  2  '  we  cannot  now  forcibly  compel  you  to 
chastity ;  but  we  admonish  you,'  etc.  And,  at  the  end  of 
the  Institutes^  there  is  something  very  like  a  denunciation 
of  King  Ethelred  himself : 

*  No  one  should  injure  a  church  or  wrong  it  in  any  way. 
But  now  churches  are,  nevertheless,  far  and  wide,  weakly 
grithed,  and  ill  served,  and  cleanly  bereft  of  their  old  rights, 

^  Art.  19  (Thorpe,  Ancient  LarvSy  vol.  ii.  p.  329).  It  speaks  of 
priests  '  who  will  not,  or  cannot,  or  dare  not,  warn  the  people  against 
sins,  and  correct  sins,  but  desire,  nevertheless,  their  monies  for  tithes, 
and  for  all  church  dues,'  etc.  ...  'It  is  all  the  worse  when  they  have 
it  all,  for  they  do  not  dispose  of  it  as  they  ought,  but  decorate  their 
wives  with  what  they  should  the  altars,  and  turn  everything  to  their 
own  worldly  pomp,  and  to  vain  pride,  that  they  should  do  for  the 
honour  of  God,  in  ecclesiastical  things,  or  for  the  advantage  of  poor  men, 
or  in  the  buying  of  war-captives,  or  in  some  things  that  might  be  for 
lasting  benefit  both  to  themselves  and  also  to  those  who  give  them  their 
substance  for  the  favour  of  God.' 

2  Art.  33  (Thorpe,  Ancient  Lmus^  vol.  ii.  p.  377).      ^  Ibid.^  p.  341, 


254  ANCIENT  FACTS  AND  FICTIONS  paht  ii 

and  within  stript  of  all  decencies  ;  and  ministers  of  the  Church 
are  everywhere  deprived  of  their  rank  and  power.  And  woe 
to  him  who  is  the  cause  of  this,  though  he  may  not  think  so  ! 
Because  every  one  is  certainly  the  foe  of  God  Himself,  who  is 
the  foe  of  God's  churches,  and  who  impairs  or  injures  the  rights 
of  God's  churches  :  as  it  is  written,  "  Inimicus  etiim  Christi 
efficitur  omnis^  qui  ecclesiasHcas  res  usurpare  injuste  conatur.^'' 
And  awfully  spake  St.  Gregory  concerning  him,  when  he 
thus  said,  *'  Siquis  ecclesiam  Christi  denudaverit^  vel  sancti- 
monia  violaverit,  anathema  sit:  ad  quod  resp07identes  07nnes 
dixerunt  Amen."  Great  is  the  necessity  for  every  man  that 
he  strenuously  secure  himself  against  these  things ;  and  let 
every  friend  of  God  constantly  take  care  that  he  do  not  too 
greatly  misuse  the  Bride  of  Christ.  It  is  the  duty  of  us  all  to 
love  and  honour  one  God,  and  zealously  hold  one  Christianity, 
and  with  all  our  might  renounce  every  heathenism.'  i 

Aelfric  was  a  monk,  endeavouring  in  those  times  and 
under  those  circumstances  to  support  or  restore  monastic 
institutions  and  principles,  which  he  identified  with  those 
of  the  Church  and  of  true  religion.  The  bishops  for 
whom  he  wrote  were  like-minded  with  himself.  From  the 
time  of  the  Regularis  Concordia  and  Dunstan's  Council  of 
Winchester  they  were  Benedictine  monks,  identified  in  feel- 
ing and  interest  with  the  conventual  bodies  of  which  they 
were  (in  most  cases)  heads ;  and  at  this  time  Wulfsin  at 
Sherborne,  and  Archbishop  Aelfric  at  Canterbury,  were 
completing  Dunstan's  work,  by  substituting  in  the  chapters 
of  their  cathedral  churches  Benedictine  monks  for  secular 
canons. 

^  This  concluding  sentence,  ^ It  is  the  duty,''  etc.,  corresponds 
verbatim  with  article  34  of  the  ordinances  of  a.d.  1008  (Thorpe, 
Ancient  Laws i  vol.  i.  p.  313). 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  255 


§  3.   Aelfri(?s  Canons. 

I  pass  now  to  the  consideration  of  the  document  called 
'Aelfric's  Canons.'^ 

The  preamble  shows,  that  the  bishop  had  asked  Aelfric 
to  compose  for  him  an  address  or  visitation  charge,  to  be 
delivered  by  him  to  his  clergy  : 

<The  humble  brother  Aelfric  to  the  venerable  Bishop  Wulfsin, 
health  in  the  Lord.  We  have  willingly  obeyed  thy  command, 
but  have  not  presumed  to  write  anything  of  the  episcopal 
degree,  because  it  is  yours  to  know  how  you  ought,  by 
excellence  of  manners,  to  become  an  example  to  all,  and  by 
continual  admonitions  to  exhort  those  under  your  charge  to 
the  salvation  which  is  in  Christ  Jesus.  Yet  I  say,  that  you 
ought  oftener  to  have  addressed  your  clergy  and  reproved 
their  negligence ;  inasmuch  as,  through  their  perverseness,  the 
canonical  laws  and  the  religion  and  doctrine  of  Holy  Church 
are  well  nigh  abolished.  Therefore  deliver  thy  soul,  and  tell 
them  what  things  ought  to  be  observed  by  the  priests  and 
ministers  of  Christ,  lest  thou  also  perish  like  them,  if  thou  be 
accounted  a  dumb  dog.  But  we  write  this  letter  which  follows 
in  the  English  tongue,  as  if  dictated  out  of  thine  own  mouth, 
and  as  if  thou  hadst  spoken  to  thy  clergy,  beginning  thus,' 
etc. 

What  is  here  said  as  to  the  general  departure  of  the 
clergy  from  'the  canonical  laws,  and  the  religion  and  doctrine 
of  Holy  Church,'  excludes  the  supposition  that  the  injunc- 
tions which  follow  are  evidence,  not  only  of  what  the  writer 
thought  proper  to  recommend,  but  of  the  practice  at  that 
time  of  the  clergy  of  the  Anglo-Saxon  Church. 

The  nine  first  articles  ^  relate  to  marriage.  Their 
intention  is  to  enforce  upon  the  secular  clergy  the  strictest 

^  Thorpe,  Ancient  Laws,  vol.  ii.  pp.  343-363. 
2  Ibid,,  pp.  343-347. 


256  ANCIENT  FACTS  AND  FICTIONS  part  ii 

rule  of  celibacy,  and  upon  those  who  were  married  the  duty 
of  forsaking  their  wives. 

'  I  say  to  you,  priests '  (so  the  bishop  is  made  to  open 
his  charge),  *that  I  will  not  bear  your  negligence  in  your 
service,  but  I  will  truly  say  to  you  how  it  is  constituted  ^ 
concerning  priests.  Christ  Himself  established  Christianity 
and  chastity,  and  all  those  who  walked  with  Him,  in  His 
way,  forsook  all  worldly  things,  and  society  of  women. 
Wherefore,  He  Himself  said  in  one  of  His  gospels,  "  He 
who  hateth  not  his  wife  is  not  a  disciple  worthy  of  Me.'" 

An  account  follows  of  the  synod  of  318  bishops,  held 
at  Nicaea  against  Arius,  and  of  their  decree,^  that  '  neither 
bishop,  nor  mass-priest,  nor  deacon,  nor  any  regular  canon, 
should  have  in  his  house  any  woman,'  except  those  in 
certain  specified  degrees  of  very  near  relationship. 

In  the  sixth  article,  married  priests  are  supposed  to 
argue,  first,  from  the  reason  and  necessity  of  the  case, — 
which  is  denied ; — and  then  from  the  example  of  St.  Peter ; 
— the  reply  to  which  is,  that  St.  Peter  had  a  wife  '  by  the 
old  law,  before  he  turned  to  Christ;  but  he  forsook  his 
wife,  and  all  worldly  things,  after  he  had  turned  to  Christ, 
who  established  chastity.' 

The  seventh  article  distinguishes,  as  to  marriage,  be- 
tween the  Levitical  and  the  Christian  priesthood;  the 
eighth  quotes  a  spurious  prohibition^  of  the  Nicene 
Council  against  the  ordination  of  persons  twice  married, 

^  Mr.  Thorpe's  translation  is  followed,  even  when  it  might  seem 
capable  of  improvement. 

*  Canon  3  of  first  Nicene  Council  (Mansi,  Concil,^  vol.  ii.  p.  670). 
They  did  not  forbid  a  priest  or  other  clerk  to  live  with  his  wife.  On 
the  contrary,  they  refused  to  do  so,  by  the  advice  of  Paphnutius 
{ibid.,  p.  906).  The  third  canon  was  against  having  introductam 
{(TVPeiaaKTov)  mulierem. 

'  There  is  no  such  matter  in  the  Nicene  canons. 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  257 

or  who  had  married  widows ;  the  ninth  states  a  canonical 
ban  ^  put  upon  the  second  marriages  (though  tolerated)  of 
laymen. 

Then  follow  nine  articles, ^  in  which  the  clergy  are  in- 
formed that  *  seven  degrees  are  established  in  the  Church;' 
which  degrees  are  enumerated,  with  a  statement  of  the 
office  and  duty  of  each  order.  As  to  bishops,  the  seven- 
teenth article  says : 

'  There  is  no  difference  betwixt  a  mass-priest  and  a  bishop, 
save  that  the  bishop  is  appointed  for  the  ordaining  of  priests 
and  confirming  of  children,  and  hallowing  of  churches,  and  to 
take  care  of  God's  dues ;  for  it  would  be  too  multifarious  if 
every  mass-priest  so  did  ;  but  they  have  one  order,  though 
the  latter  have  precedence.' 

A  series  of  fourteen  articles,^  almost  entirely  as  to  the 
duties  of  priests,  succeeds.  Of  these  I  shall  speak  particu- 
larly. 

The  thirty-third  article*  enumerates  the  four  first 
general  synods,  which  (it  says)  *are  to  be  observed,  so  as 
the  four  books  of  Christ,  in  Christ's  church.  Many  synods 
have  been  held  since,  but  these  four  are,  nevertheless, 
the  principal,'  etc. 

The  thirty-fourth  article^  charges  the  secular  clergy 
with  'despising  all  their  ordinances';  'while  monks  hold 
the  ordinances  of  one  man,  the  Holy  Benedict,  and  live 
according  to  his  direction,'  etc.  .  .  .  '  Ye  also  have  a  rule 
if  ye  would  read  it ;  .  .  .  but  ye  love  worldly  conversations, 

^  See  seventh  canon  of  Neo  -  Csesarea ;  and  Gratian,  Decretum, 
pars  ii.,  causa  xxxi.,  quaest.  i.,  §  8.  The  nuptial  benediction  was  not 
to  be  given  ;  and  no  priest  was  to  be  present  at  the  marriage  feast. 
Some  canons  added  penance. 

2  Thorpe's  Ancient  Laws,  vol.  ii.  pp.  347-349  (arts.  10-18). 

3  Arts.  19-32  {ibid.,  pp.  351-355)- 

*  Ibid.,  pp.  355,  356.  5  7^/^,^  p,  3^7, 


258  ANCIENT  FACTS  AND  FICTIONS  part  ii 

and  will  be  reeves,  and    neglect  your  churches,  and  the 
ordinances,  totally.' 

*  But '  (pursues  the  thirty-fifth  article  ^)  *  we  will  recite  the 
ordinances  to  you.'  Then  follow  injunctions  against  certain 
unseemly  proceedings  at  and  with  respect  to  funerals,  against 
gay  clothing,  and  against  the  assumption  of  the  monastic 
habit ;  and  (in  the  thirty-sixth  article  2)  a  very  long  dis- 
course as  to  the  observances  of  Good  Friday  and  Easter- 
tide, of  the  Lord's  Day,  and  of  other  festivals  and  fasts ;  with 
much  instruction  about  the  Holy  Sacrament  (the  housel\ 
which  is  said  to  be  '  Christ's  body,  not  bodily,  but  spiritu- 
ally; not  the  body  in  which  He  suffered,  but  the  body 
about  which  He  spake,  when  He  blessed  bread  and  wine 
for  housel  one  day  before  His  passion. '^  The  whole  docu- 
ment ends  (in  the  thirty-seventh  article*),  with  a  few  ad- 
monitory words. 

I  return  to  those  fourteen  articles  which  relate  to  the 
duties  of  priests.  These  are  not,  like  the  twenty-one 
'Sacerdotal  Laws'  of  the  Egbertine  compilations,  tran- 
scribed from  the  Metz  or  Andain  manuscripts,  or  from 
any  other  copy  of  the  same  original.  Aelfric  put  the 
matter  which  he  adopted  from  that  source  into  his  own 
words,  enlarging  some  things,  abridging  others;  and  he 
did  not  adhere  exactly  to  the  arrangement  which  he  found 
there.  But,  nevertheless,  the  matter  of  those  articles,  to- 
gether with  the  order  and  sequence  of  most  of  them,  and 
the  correspondence  of  thought  and  phrase  in  some  with  the 
Galilean  original,  prove  unequivocally  that  the  Capitulare 
Episcoporum  was  the  fountain-head  from  which  all  but  two 
of  them  were  derived.     Of  those  two,  one  has  a  striking 

1  Arts.  19-32  {ibid.,  pp.  357,  358).  2  //,,v/.,  pp.  359-363. 

8  Ibid.,  p.  361.  4  Ibid.,  p.  363. 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  259 

correspondence  with  that  sentence^  of  the  prologue  to 
Egbert's  '  Penitential,'  which  (as  I  suppose)  led  the  com- 
piler of  the  Exeter  '  Penitential '  btfok,  now  in  the  Bodleian 
Library,  to  interpolate,  between  the  prologue  and  the  body 
of  Egbert's  work,  the  Andain  '  Sacerdotal  Laws.' 

Art.  192  relates  to  the  duty  of  '  mass-priests,  and  all 
God's  servants,  to  officiate  in  their  churches  with  holy 
service,  and  to  sing  the  seven  canonical  hours  therein ' — the 
hours  being  enumerated.  (This  corresponds  in  substance 
with  the  second  Andain  article.) 

Art.  20^  enjoins  prayers  *for  the  king  and  for  their 
bishop,  and  for  those  who  do  good  to  them,  and  for  all 
Christian  people'  (corresponding  in  substance,  as  to  the 
king  and  the  bishop,  with  the  seventh  and  eighth  Andain 
articles). 

Art.  21^  corresponds  with  the  passage  in  Egbert's  pro- 
logue, as  to  the  arms^  which  *he  who  desires  to  receive 
the  sacerdotal  authority,'  should  'prepare  before  the 
bishop's  hand  touches  his  head ' : 

*  He  shall  also  have  for  the  spiritual  ivork^  before  he  is 
ordained^  these  weapons:  psalter,  epistle -book,  gospel -book, 
and  mass-book,  book  of  canticles,  and  manual,  numeral,  and 
pastoral,  penitential,  and  reading  book.  These  books  the 
mass -priest  should  necessarily  have,  and  he  may  not  be 
without  them,  if  he  will  properly  observe  his  order,  and  rightly 
inform  the  people  who  look  to  him ;  and  let  him  be  careful 
that  they  are  well  directed.' 

Art.  22  ^relates  to  mass-vestments,  and  sacred  vessels, 
etc.  (There  is  nothing  corresponding  to  this  in  the  *  Sacer- 
dotal Laws.') 

Art.  23^  (as  to  preaching  on  the  Lord's  Day  and  holi- 

1  Ante,  pp.  239,  240.  2  Thorpe's  Ancient  Laws ^  vol.  ii.  p.  351. 

'  Ibid.  *  Ibid. ;  and  see  ante,  p.  239. 

^  Thorpe's  Ancient  Latvs,  vol.  ii.  p.  351.  *  Ibid.,  pp.  351,  352. 


26o  ANCIENT  FACTS  AND  FICTIONS  part  ii 

days,  and  teaching  the  Lord's  Prayer  and  the  Creed),  corre- 
sponds,  in  substance,   with  the   third   and   sixth  Andain 
articles ;  adding  texts  from  Scripture. 
Art.  24 1  is  that  as  to  tithes  : 

'  The  holy  fathers  appointed  also,  that  men  pay  their  tithes 
unto  God's  church.  And  let  the  priest  go  thither  and  divide 
them  into  three ;  one  part  for  the  repair  of  the  church,  and 
the  second  for  the  poor,  the  third  for  God's  servants  who 
attend  the  church.' 

This  corresponds,  both  in  substance  and  in  the  order  of 
the  prescribed  division,  with  the  fourth  and  fifth  Andain 
articles;  but  it  is  shorter,  and  omits  the  mention  of 
witnesses. 

Art.  25  2  (against  celebrating  mass  in  unconsecrated 
houses)  corresponds  with  the  ninth  Andain  article ;  intro- 
ducing an  exception  for  cases  of  great  need  or  sickness, 
which  is  not  there. 

Art.  26  ^  (as  to  the  baptism  of  children  suddenly  brought 
to  a  mass-priest),  corresponds,  in  substance,  with  the  eleventh 
Andain  article. 

Art.  27,*  against  the  receipt  of  money  by  a  priest  for 
holy  offices,  agrees  closely  with  the  twelfth  Andain  article. 
It  is  in  these  words  : 

*  And  that  no  priest  do  his  holy  ministry  for  money,  nor 
demand  anything,  neither  for  baptism  nor  for  any  ministry ; 
that  he  be  not  like  to  those  whom  Christ  himself  drove  with  a 

^  Thorpe's  Ancient  Laws^  vol.  ii.  p.  353.  ^  Ibid.  ^  Ibid. 

*  Ibid.  The  words  of  the  twelfth  Andain  article  are  :  '  Ut  nullus 
presbyter  sacrum  officiura,  sive  baptismale  sacratnenttim,  aut  aliquid 
bonorum  spiritualium,  pro  aliquo  pretio  vendere  prasumat,  ne  vendentes 
et  ententes  in  templo  columbas  imitentw ;  ut  pro  his  quce  adepti  sunt 
gratia  divina  non  pretia  concupiscant  terrena,  sed  solam  regui  coelestis 
gloriam  promereantur  accipere,' 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  261 

whip  from  the  temple,  because  they  wickedly  trafficked  therein. 
Let  not  the  servant  of  God  do  God's  ministry  for  money,  but 
to  the  end  that  he  may  merit  eternal  glory  thereby.' 

Art.  28^  also  corresponds,  almost  verbally,  with  the 
thirteenth  Andain  article  : 

*Nor  let  any  priest,  for  any  covetousness,  go  from  one 
minster  to  another ;  but  ever  remain  in  that  to  which  he  was 
ordained,  as  long  as  his  days  continue.' 

Art.  29,2  forbidding  any  priest  to  drink  immoderately, 
or  to  force  any  man  to  much  drink,  corresponds  exactly 
with  the  fourteenth  Andain  article.  It  adds  reasons  for 
the  prohibition,  which  are  not  there. 

Art.  30^  begins  with  interdicting  priests  from  some 
secular  occupations  (this  is  not  in  the  *  Sacerdotal  Laws ') ; 
and  it  then  proceeds,  deviating  but  little  from  the  words 
of  the  seventeenth,  eighteenth,  and  nineteenth  Andain 
articles : 

*  Nor  let  him  wear  weapons,  nor  work  strife ;  nor  let  him 
drink  at  wine  houses,  as  secular  men  do  ;  nor  let  him  swear 
oaths,  but,  with  simplicity,  ever  speak  truly  as  a  learned  servant 
of  God.' 

^  Thorpe's  Ancient  Laws,  vol.  ii.  p.  353.  The  words  of  the 
thirteenth  Andain  article  are :  *  Ui  nullus  presbyter  a  sede  proprid 
sanctce  ecclesice,  sub  cujus  titulo  ordinatus  fuit,  ammonitionis '  [the  Metz 
MS.  reads  here,  ambitionis\  ''causa  ad alienam pergat  ecclesiam ;  sed in 
eadem  devotus  tisque  ad  vitce permaneat  exitum.'' 

2  Ibid.  The  fourteenth  Andain  article  is :  ^  Ut  nullus  ex  sacer- 
dotum  numero  ebrietatis  vitiutn  nutriaty  nee  alios  cogat per  suamjussionem 
inehriari. ' 

'  Ibid.,  p.  355.  The  three  corresponding  Andain  articles  are:  (17), 
'  Nemo  ex  sacerdotum  numero  arma  pugnantium  unquam  portet  nee 
litem  contra  proximum  ullam  excitet' \  (18),  ^  Ut  nullus  presbyter 
edendi  vel  bibendi  causa  ingrediatur  in  tabernis' ;  (19),  *  lit  nullus 
sacerdos  quicquam  cum  juramento  j'uretj  sed  simpliciter  cum  puritcUe 
et  veritate  omnia  dicat. ' 


262  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Art.  31  ^  relates  to  hearing  confession,  and  giving  the 
Holy  Communion  to  the  sick ;  corresponding,  in  substance, 
with  the  twentieth  Andain  article  \  but  adding  a  caution, 
which  is  not  there. 

Art.  32,2  as  to  unction  with  hallowed  oil,  corresponds, 
in  its  first  sentence,  with  the  twenty-first  Andain  article; 
to  which  it  adds  the  words  of  St.  James  on  that  subject, 
and  other  matter  arising  out  of  them. 

There  can  be  no  mistake  as  to  the  source  from  which 
Aelfric  derived  his  precept  for  the  division  of  tithes.  He 
must  have  been  well  acquainted,  either  with  the  Worcester 
*  Excerptions '  (now  in  the  library  of  Corpus  Christi  College, 
Cambridge),  or  with  the  same  Galilean  literature  of  which 
the  compiler  of  those  ''Excerptions '  made  use  :  for  he  made 
that  translation  of  Theodulph's  Capitula  into  Anglo-Saxon, 
which  has  been  published  by  Mr.  Thorpe  under  the  title  of 
Ecclesiastical  Institutes.^  Neither  that  precept  as  to  tithes, 
nor  anything  else  in  his  'Canons,'  was  authoritative;  it 
was  (if  I  may  borrow  the  appropriate  phrase  of  Bishop 
Stubbs  *),  *  a  tentative  recommendation.'  No  doubt,  Aelfric 
wished  the  Bishop  of  Sherborne  to  bring  into  use  in  his 
diocese,  so  far  as  he  could,  the  rule,  as  to  tithes,  of  the 
Capitulai'e  Episcoporum.  But  that  could  not  be  done  com- 
pulsorily,  any  more  than  the  secular  clergy  could  be  compelled 
to  put  away  their  wives,  which  Aelfric  also  desired.  And  it 
is  remarkable  (as  has  been  already  said)  that  no  similar 
precept  is  found  in  the  other  pastoral  epistle  of  the  same 
author,  written  for  or  addressed  to  Archbishop  Wulstan. 

1  Thorpe,  Ancient  Lazus,  vol.  ii.  p.  355.  ^  Ibid. 

'  Ibid.,  pp.  394-443.  And  see  Johnson's  Imvs  ami  Cations  ('Theo- 
dulfs  Capitula'),  vol.  i.,  ed.  1850,  pp.  450-479;  see  preface,  p.  450, 
and  editor's  note,  p.  452. 

*  Letter  to  a  Rural  Dean  of  the  Diocese  of  Chester  (12th  December 
1885). 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  263 


§  4.   Gloss  on  DunstarCs  Canons. 

I  referred,  in  a  former  chapter,  to  a  gloss  not  earlier  than 
King  Ethelred's  time  on  that  article  of  Archbishop  Dunstan's 
Canons,  which  directed  the  priests  'to  so  distribute  the 
people's  alms,  that  they  do  both  give  pleasure  to  God,  and 
accustom  the  people  to  alms.'  The  gloss,^  in  these  words, 
recommended  a  tripartite  distribution  : — 

*  And  it  is  right,  that  one  part  be  delivered  to  the  priests,  a 
second  part  for  the  need  of  the  Church,  a  third  part  for  the 
poor.' 

This  is  found  in  a  manuscript  copy  of  Dunstan's  Canons, 
considered  by  Mr.  Thorpe  to  be  of  the  tenth  century,^  but 
which  could  not  be  so  early.  For  another  gloss  ^  upon  the 
sixtieth  canorPoT^that  series,  which  follows  shortly  after- 
wards, is  evidently  taken  from  the  twenty-eighth  and  two 
succeeding  articles  of  the  document  called  Church-Grith^  * 

^  Thorpe,  Ancient  LawSy  vol.  ii.  pp.  256,  257,  note  4. 

2  A  Bodleian  manuscript  (Junius,  121),  which  Mr.  Thorpe  distin- 
guishes by  the  letter  X.  (See  his  list  of  MSS.  in  Ancient  LawSy  vol.  i. 
xxvi. — between  the  Preface  and  the  Table  of  Contents.) 

3  Thorpe,  Ancient  Laws ^  vol.  ii.  pp.  256,  257,  note  8.  It  is  in  these 
words  :  *  And  it  is  right,  if  a  minister  of  the  altar  direct  his  own  life 
by  the  instniction  of  books,  then  he  be  worthy  of  full  thaneship,  both 
in  life  and  in  the  grave  :  if  he  misdirect  his  life,  let  his  dignity  wane, 
according  as  the  deed  may  be ;  let  him  know  if  he  will,  that  neither 
women  nor  temporal  warfare  are  befitting  him,  if  he  will  rightly  obey 
God,  and  rightly  observe  God's  law.  Dunstan  decided  that  a  mass- 
priest,  if  he  had  a  wife,  was  entitled  to  no  other  lad  than  belonged  to 
a  layman  of  equal  birth,  if  he  were  charged  with  an  accusation.  And 
it  is  right,  if  a  minister  of  the  altar  conduct  himself  rightly,  then  he  be 
entitled  to  full  wer  and  worship.' 

*  Ibid.,  vol.  i.  p.  347:  '§  28.  If  a  servant  of  the  altar,  by  the  in- 
struction of  books,  his  own  life  rightly  order,  then  let  him  be  entitled 
to  the  full  wer  and  dignity  of  a  thane,  both  in  life  and  in  the  grave. 


264  ANCIENT  FACTS  AND  FICTIONS  part  ii 

certainly  not  earlier  than  a.d.  1014.  And  it  refers  to  a 
*  decision '  of  Dunstan,  that  a  married  mass-priest  was,  for 
the  purpose  of  *  purgation  '  when  he  was  charged  with  a 
crime,  to  be  treated  as  a  layman. 

Whoever  this  commentator  upon  Dunstan's  Canons  may 
have  been,  he  belonged,  doubtless,  to  Aelfric's  school ;  and 
he  would  have  applied  a  rule  of  distribution,  similar  to  that 
of  the  Andain  *  Sacerdotal  Laws,'  not  to  tithes  only  (as 
was  proposed  in  Church- Grith),  but  to  the  voluntary  offer- 
ings of  the  people,  made  at  the  altars  of  the  Church  or  to 
its  ministers  or  to  religious  houses. 

§  5.  Bishop  Leofrit^s  Rule  for  Secular  Canons. 

There  is,  in  the  library  of  Corpus  Christi  College,^  Cam- 
bridge, a  manuscript  book,  on  the  inner  fly-leaf  of  which 
are  these  words,  in  a  modern  hand : 

*  This  book  appears  to  have  been  first  written  in  Latin  by 
Theodore,  seventh  Archbishop  of  Canterbury,  and  translated 
into  English  by  Aelfric,  and  contains  170  pages '  {Hie  liber 
videiur  esse  scrip tus  prima  Latine^  per  Theodorum  Archiepisco- 
pmn  septimimi  Cantuariensem^  et  per  Aelfricum  translatus 
AnglicCy  et  continet  paginas  170). 

Whelock  2  (referring,  doubtless,  to  that  note  on  the  fly- 
leaf) quoted  the  seventy-third  article  of  the  text  of  this  book 
(which  is,  in  fact,  the  rule  of  the  '  Sacerdotal  Laws  '  as  to  the 

§  29.  And  if  he  misorder  his  life,  let  his  honour  wane,  according  as  the 
deed  may  be.  §  30.  Let  him  know,  if  he  will,  that  it  befits  him  not 
to  have  any  concern,  either  with  women  or  with  temporal  war,  if  he 
desire  uprightly  to  obey  God,  and  observe  God's  laws,  as  is  properly 
becoming  to  his  order.'     (See  Appendix  E.) 

1  3,    12    of   Wanley's    Antique   Literaturce   Septentrionalis  liber, 
(p.  130).     No.  191  of  Nasmith's  Catalogus,  etc. 

2  Bede,  Eccles.  Hist.  (Cambridge  1644),  p.  358,  note. 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  265 

partition  of  tithes),  as  '  a  canon  ascribed  to  Theodore  of 
Canterbury.'  The  manuscript  is  stated,  by  both  Wanley^ 
and  Nasmith,  to  have  belonged  to  the  church  of  Exeter, 
and  to  have  been  written  about  the  time  of  the  Norman 
Conquest.  Wanley  described  it  as  containing  *  a  collection, 
if  it  may  be  so  called,  of  ecclesiastical  canons,  in  Latin  and 
Saxon,'  with  a  preface  (which  he  transcribed);  and  he 
added,  after  giving  the  Saxon  titles  of  the  chapters  : 

*  It  is  clear,  from  the  rubrics  of  these  canons,  that  the  volume 
contains,  not  (as  some  learned  men  represent)  the  canons  of  the 
Nicene  Council  translated  by  Archbishop  Theodore  into  Latin, 
and  afterwards  into  Saxon  by  Aelfric  ;  but  a  sort  of  rule,  patched 
up  {consardnatam)  out  of  the  Benedictine  rule,  for  the  use  of 
priests  {j>resbytercruin  et  sacerdotumy 

Nasmith  2  repeated  what  Wanley  had  said. 

No  learned  man,  who  even  looked  at  this  document, 
could  have  supposed  it  to  contain  a  translation  of  canons 
of  the  Nicene  Council.  That  Council  is  not  mentioned  at 
all,  except  in  a  marginal  rubric  to  the  opening  words  of 
the  preface,  in  which  it  is  said,  that  the  work  would  have 
been  unnecessary,  '  if  the  authority  of  the  318  holy  fathers, 
and  of  the  rest,  had  always  remained  inviolate ; ' — which  the 
rubric  rightly  interprets  of  *  the  canons  of  the  Nicene 
Council,  where  there  were  318  bishops.'  It  need  hardly 
be  added,  that  the  connection  of  this  work  with  the  name 
of  Theodore  is  an  anachronism,  still  more  gross  than  that 
which  connected  the  *  Excerptions '  with  that  of  Egbert. 
For  supposing  the  Anglo-Saxon  version  (which  in  the 
manuscript  follows  the  Latin  of  each  article)  to  have  been 
from  the  hand  of  Aelfric,  there  is  no  authority.  It  is 
not  so  much,  even,  as  a  probable  conjecture. 

*  Antiq.  Literat.  Septentr.  Hb^,  p.  130.      2  Catalogus^  etc.,  No.  91. 


266  ANCIENT  FACTS  AND  FICTIONS         part  ii 

I  will  describe  the  contents  of  the  manuscript,  before 
speaking  of  its  history. 

It  is  introduced  by  a  preface,  written  as  by  a  bishop  in  a 
tone  of  authority,  of  which  the  following  is  the  material  part : 

*  If  the  authority  of  the  canons  of  the  318  and  the  rest  of 
the  holy  fathers  always  remained  inviolate,  and  the  bishops 
and  clergy  lived  according  to  that  rule  of  rectitude,  it  might 
seem  superfluous  for  us,  small  as  we  are,  to  treat  again  or  say 
anything  new  of  this  matter,  which  has  been  in  such  good 
order  set  forth  {rem  tarn  ordinate  disposttam).  But  since,  in 
these  times,  the  negligence  both  of  pastors  and  of  those  under 
them  has  too  much  increased,  what  else  can  be  done  by  us, 
who  live  in  so  grave  a  condition  of  things,  except  to  bring 
back  our  clergy,  God  giving  us  grace  {Deo  insptrante),  to  the 
line  of  rectitude,  if  not  so  much  as  we  ought,  at  least  as  much 
as  we  can  ?  Therefore,  sustained  by  the  Divine  help,  let  us 
endeavour  to  make  a  small  decree  {adgrediamur  parvum 
decretulum  facere\  by  means  whereof  the  clergy  may  restrain 
themselves  from  what  is  unlawful,  and  lay  aside  what  is  idle 
{otiosa  deponat\  and  forsake  those  evils  which  have  too  long 
and  too  widely  prevailed,  for  His  love,  who  according  to  the 
Gospel  has  redeemed  them  by  His  own  holy  and  precious 
blood.  Let  us  therefore,  with  watchful  care,  study  to  put 
together  a  form  of  instruction  which  shall  plainly  set  forth  how 
prelates  {prcelati)  ought  to  live  and  govern  those  under  them, 
and  to  constrain  them  in  the  Lord's  service,  and  to  stimulate 
to  still  better  things  those  who  do  well,  and  to  correct  the 
refractory  and  the  negligent,  so  far  as  this  Rule  of  Life  can  do 
so  {quatenus  formula  hcec  vivendi  spectaf).^ 

The  '  Rule  of  Life '  follows,  in  a  code  of  eighty-four 
articles ;  to  each  of  which  a  rubric,  by  way  of  title  or  '  argu- 
ment,' is  prefixed.  The  *  Rule '  is  for  a  college  of  canons  of 
secular  clergy ; — regulating  their  morals,  subordination,  and 
discipline ;  their  assemblies,  officers,  and  duties ;  their 
prayers  and  church -services,  reading  and  singing;  their 
school  teaching  and  pastoral  service;  their  almsgiving  to 


CHAP.  Via  AELFRIC  AND  HIS  SCHOOL  267 

the  poor ;  the  employment  of  their  time ;  their  stipends, 
meals,  dress,  dormitory.  Canons  {canonici)^  or  clerks 
{clerici\  is  their  designation  throughout.  There  is  an 
article  (the  fifty -first)  expressly  forbidding  them  to  wear 
the  cowls  of  monks  {ut  canonici  cucullas  monachorum  non 
induant). 

To  the  sixty  first  articles,  which  thus  regulate  the  con- 
ventual or  collegiate  life,  are  added  twenty -five  more, 
concerning  duties  of  clerks  and  priests,  not  distinctly 
ccenobitic;  among  which  is  the  seventy-third  article,  relat- 
ing to  the  division  of  tithes.  To  understand  its  practical 
operation  in  this  code,  the  forty-third,  regulating  the  alms- 
giving of  the  chapter,  should  be  stated. 

*  It  is  needful '  (says  that  article),  '  that  the  prelates  of  the 
Church  (^prcelati  ecclesicB\  following  the  examples  of  the  fathers 
who  have  gone  before  us,  prepare  a  place  of  reception  {aliquod 
receptaculu7n)  where  poor  persons  may  be  gathered  together, 
and  appoint  out  of  the  goods  of  the  Church  as  much  as  will 
enable  them  to  meet,  as  far  as  they  possibly  can,  the  necessary 
expenses — the  tithes  being  excepted  which  are  thereunto  con- 
tributed from  the  townships  belonging  to  the  Church  {exceptis 
decimis^  qucB  de  ecclesice  villis  ibidem  confera?ztur).  The 
canons  also  themselves  should  most  willingly  contribute  to  the 
same  hospital  {hospitale),  for  the  use  of  the  poor,  tithes  both  of 
the  fruits  of  their  land  and  from  all  offerings  of  alms  made  to 
them.  And  let  a  brother  of  good  report  be  appointed  to 
entertain  strangers  and  foreigners  {hospites  et  peregrinos\ 
regarding  them  as  Christ  Himself;  and  let  him  willingly 
minister  to  them  all  those  things  which  are  needful.  And 
moreover,  let  no  one  by  any  means  convert  to  his  own  uses 
those  things  which  ought  to  go  to  the  uses  of  the  poor.'  [The 
washing  of  the  feet  of  the  poor  in  Lent  is  then  enjoined.] 

The  article  as  to  the  division  of  tithes^  is  (with  the 

^  Art.  73,  de  decimis  dividendis. — ^  Sacerdotes  populi  suscipiant 
decimaSy  et  nomina  corum  quicunqtie  dederint  scripta  habeant  super 
altare.      Et  ipsas  decifnas  secundum  auctoritateni  canonicam  coram 


268  ANCIENT  FACTS  AND  FICTIONS  part  ii 

following  qualifications)  a  literal  copy  of  that  in  the 
Capitulare  Episcoporum : — (i)  It  directs  the  scroll,  con- 
taining the  names  of  those  who  have  paid  tithes,  to  be  kept 
upon  (or  over)  the  altar  of  the  church  {super  altare) ; 
(2)  it  repeats  expressly,  as  the  subject  governed  by  the 
verb  divide^  the  words  *the  same  tithes'  ijpsas  dedmas\ 
where  the  Gallican  text  implies  them ;  and  (3)  instead  of 
directing  (as  the  Gallican  text  does)  the  distribution  to  be 
made  by  the  priests'  own  hands,  it  says  that  this  is  to  be 
done  by  the  hands  of  *  faithful  men '  {per  manus  fideliui?i). 

Only  one  of  the  remaining  twelve  articles  of  the  '  Rule ' 
requires  notice  —  the  seventy-sixth — which  is  an  extract 
from  the  ninth  article  of  the  capitulars  of  Aix-la-Chapelle^  of 
A.D.  816  (repeated  in  the  capitulars  of  Charles  the  Bald  of 
A.D.  869),  against  the  appointment  of  priests  to,  or  their 
expulsion  from,  churches,  without  the  authority  or  consent 
of  their  bishops. 

This  description  of  the  manuscript,  together  with  its 
date  (about  the  time  of  the  Conquest),  and  the  place  from 
which  it  carne — the  cathedral  church  of  Exeter — seems 
to  point  irresistibly  to  the  conclusion,  that  the  rule  of  life 
contained  in  it  was  intended  by  Bishop  Leofric,  who  then 
governed  that  cathedral  church  (first  erected  by  and  under 
him  into  an  episcopal  see),  for  the  regulation  of  the  college 
of  secular  canons  which  he  founded  and  placed  there.  He 
himself  came,  as  William  of  Malmesbury^  tells  us,  from 
Lorraine — *  apud  Lotharingos  alius  et  doctus.^  By  the  same 
historian  we  are  told,  that  he  'expelled  the  nuns  {sancti- 

testibus  dividant ;  et  ad  ornamentum  ecclesia  pritnam  eligant  partem  ; 
secundam  autem  per  manus  fidelium  ad  usum  pauperum  atque  peregrin- 
orum  misericorditer  cum  omni  humilitate  dispensent :  tertiam  vero partem 
sibimet  ipsis  soli  sacerdotes  reservent.^  ^  Ante,  p.  85. 

*  De  Gestis  Pontijicum^  lib.  ii.  (ed.  1596),  fol.  145  (cited  in  Dugdale's 
Monast.y  vol.  ii.  p.  514;  Caley,  Ellis,  and  Bandinel's  edition). 


CHAP.  VIII  AELFRIC  AND  HIS  SCHOOL  269 

moniales)  from  the  monastery  of  St.  Peter,  and  placed  there 
canons,  who  after  the  manner  of  the  Lotharingians,  but 
contrary  to  that  of  the  Enghsh,  were  to  eat  at  one  table, 
and  sleep  in  one  chamber'  (canonicos  statuif,  qui  contra 
morem  Anglorum,  ad  fortnam  Lothartngorum,  uno  triclinio 
comederent,  uno  cubiculo  cubitare?it)}  Malmesbury  adds, 
that,  although  the  rule  so  given  by  Leofric  to  his  chapter 
descended  to  posterity,  much  of  it  had,  in  his  own  time, 
through  the  increase  of  luxury,  fallen  into  disuse. 

The  whole  of  this  document  is,  in  fact,  a  copy  (with  the 
omission  of  two  articles,  and  with  some  merely  clerical 
variations)  of  a  Galilean  Rule  for  Canons  {canomd\  com- 
piled by  an  unknown  hand,  to  which  the  name  of  Chrode- 
gang,2  nephew  of  King  Pippin  and  Bishop  of  Metz  in  his 
time,  was  commonly,  but  erroneously,  given.  It  contains 
eighty-six  articles ;  twenty-three  of  which,  with  the  prologue, 
were  taken  from  the  genuine  Statutes  ^  of  Chrodegang,  given 
by  him  to  the  clergy  of  three  churches  at  Metz.  Of  the 
rest,  thirty-three  are  from  a  much  larger  code  (into  which 
some  of  those  Statutes  of  Chrodegang  are  incorporated), 
which  was  enacted  for  canons  {ca?ionid)  by  the  Council  of 
Aix-la-Chapelle  in  a.d.  816.*  The  remaining  thirty  are 
from  miscellaneous  sources;  the  article  as  to  tithes,  from 
the  Capitulare  Episcoporum^  being  one  of  them.^ 

That  Bishop  Leofric — educated  in  Lorraine,  in  the  chief 

^  The  articles  of  the  Rule  as  to  meals  and  the  dormitory  are  consistent 
with  what  is  said  of  them  by  Malmesbury.     (See  Appendix  G.) 

2  See,  as  to  Chrodegang  and  his  statutes,  the  extracts  from  Sigebert 
of  Gembloux  and  Paul  the  Deacon,  in  Mansi  {Concil,^  vol.  xiv.  p.  314). 

8  These  genuine  statutes  of  Chrodegang  are  in  the  Vatican  (Palatine) 
Manuscript,  No.  555,  from  which  they  are  printed  by  Mansi  {ibid.  pp. 
313-331).  ^  Mansi  {ibid.  pp.  153-226). 

^  The  whole  collection  is  in  Mansi  {ibid.  p.  232  et  seq. ) ;  and  see 
Labbe's  note  {ibid.  p.  314). 


270  ANCIENT  FACTS  AND  FICTIONS  part  ii 

city  of  which  province,  Metz,  the  Capitulare  Episcoporum 
was  well  known,  and  the  donor  -^  to  the  library  of  his  church 
of  the  Penitential  volume  (now  in  the  Bodleian  Library) 
which  contained,  as  we  have  seen,  the  Andain  text  of  that 
document — should  have  given  to  his  Chapter  precepts 
borrowed  from  the  Galilean  Churches  with  which  he  was 
most  familiar,  is  easily  understood.  As  founder  of  that 
chapter,  he  could  give  its  members  such  lawful  statutes 
or  rules  as  he  pleased.  The  practical  acceptance  of  the 
tripartite  division  elsewhere  in  England  is  no  more  proved 
by  the  place  which  it  found  in  such  a  rule,  than  the  accept- 
ance here  of  the  Roman  rule  of  quadripartite  division,  in 
the  twelfth  century,  is  proved  by  the  fact  that,  in  a.d.  ii86, 
Pope  Urban  III.^  directed  Baldwin,  Archbishop  of  Canter- 
bury, to  divide  the  offerings  made  at  the  shrine  of  St. 
Thomas  of  Canterbury  into  four  parts ;  one  for  *  the  monks,' 
one  for  the  '  fabrics  of  the  Church,'  one  for  *  the  poor,'  and 
one  for  such  good  uses  as  the  archbishop  in  his  discretion 
should  think  fit. 

1  Antcy  p.  235. 
2  Matthew  Paris,  Hist.  Major.  ^  vol.  ii.  p.  325  (Luard's  ed.  1874). 


CHAPTER    IX 

FOURTH    PERIOD LEGISLATION    OF   ETHELRED   THE 

UNREADY,    AND    CANUTE 

§  I.  Ancient  Latin  Collections  of  Anglo-Saxon  Laws 

The  distraction  and  incoherence  of  the  civil  polity  during 
the  latter  part  of  Ethelred's  unhappy  reign  left  its  impress 
upon  the  public  documents  of  that  time. 

Bromton  ^  (whatever  may  be  his  defects  in  other  re- 
spects as  a  historian)  did  posterity  the  good  service  of 
collecting  to  the  best  of  his  power  the  laws  of  Ina,  Alfred, 
Edward  the  Elder,  Athelstan,  Edmund,  Edgar,  Ethelred  the 
Unready,  and  Canute.  He  knew  no  laws  of  the  reign  of 
Ethelred,  except  those  of  Woodstock  ^  and  Wantage,^  the 
treaty  *  with  the  Norwegian  kings  Anlaf,  Justin,  and  Guth- 
mund  (all  purely  secular),  and  the  Ordinances  of  Habam,^ 
which  he  only  preserved. 

An  earlier  collection  of  the  Anglo-Saxon  laws,  trans- 
lated into  Latin  in  the  twelfth  century,^  of  which  Bromton 

1  Gale,  ScHpt.  XX.,  pp.  759,  819  et  seq.,  835,  839,  847-851,  858- 
860,  893-901,  914.  ^  Thorpe's  Ancient  Laws^  vol.  i.  p.  280. 

3  Ibid.,  p.  293.  •*  Ibid.y  p.  285.  *>  Ibid.,  p.  336. 

•*  Ibid.,  vol.  ii.  pp.  447-545,  and  see  vol.  i.,  preface,  p.  xvi.  They 
are  printed  by  Mr.  Thorpe  from  the  Cottonian  manuscript  '  Tiberius, 
A.  27,' which  he  describes  {ibid.,  p.  xxvi.)  as  *  of  the  thirteenth  century, 
containing  perhaps  the  best  text  extant  of  the  old  Latin  version  of  the 
Saxon  laws.' 


272  ANCIENT  FACTS  AND  FICTIONS  part  ii 

may  be  presumed  to  have  made  use  (though  by  giving 
the  Habam  Ordinances  he  has  shown  that  he  had  also 
access  to  bther  materials),  contains  (with  that  exception) 
the  same  laws  which  are  in  Bromton. 

The  Latin  translators,  therefore,  if  they  were  acquainted 
(as  is  probable)  with  the  documents  omitted  in  both 
collections,  but  classed  by  more  modern  compilers  among 
the  public  acts  of  King  Ethelred's  reign,  did  not  regard 
them  as  possessing  that  character  in  any  such  sense 
as  to  make  it  fit  that  they  should  find  a  place  in  a  code  of 
Anglo-Saxon  laws ;  and  it  may  be  inferred,  that  they  found 
no  such  place  in  any  records  of  a  public  nature  to  which 
those  translators  had  access. 

§  2.   Ordinances  of  Habam. 

The  date  of  the  *  Habam '  Ordinances  ^  is  uncertain, 
but  they  belong  to  a  time  of  distress  from  the  invasions 
of  the  pagan  Danes;  for  remedy  of  which  they  enjoin 
special  religious  observances,  as  long  as  the  necessity 
should  continue  {quamdtu  necessitas  ista  nobis  est  in 
manibus)?'  The  only  provision  in  them  which  requires 
notice  is  one  as  to  tithes  and  other  church  dues,^  which, 
disregarding  the  rights  conceded  by  King  Edgar's  laws  to 
manorial  churches  with  burial-grounds,  directed  them  all 
to  be  paid  to  the  '  nearest  mother-churches.' 

'And  we  enjoin  that  every  man,  for  the  love  of  God  and 
all  the  saints,  give  church-scot  and  his  rightful  tithe  {reciam 
decimam  suam)  as  it  stood  in  the  days  of  our  ancestors  when 
it  stood  best :  that  is,  as  the  plough  shall  traverse  the  tenth 
acre.  And  let  everything  customarily  due  {omnis  consuetudo) 
be  rendered,  for  God's  sake  {propter  amicitiam  Dei\  to  our 

^  Thorpe's  Ancient  Laws^  vol.  i.  p.  336. 
2  Ibid.,  p.  338  (art.  3).  «  Ibid.  (art.  4). 


CHAP.  IX  ETHELRED  AND  CANUTE  273 

nearest  mother-church  {ad  matrem  nostrum  ecclesiam  cut  ad- 
jacet).  And  let  no  one  take  away  from  God  what  belongs  to 
God,  and  by  our  predecessors  has  been  granted.' 


§  3.   Council  of  Enham^  and  Ordinance  of  A..T).  1008. 

It  now  becomes  necessary  to  speak  of  the  two  first  of  four 
documents,  classified  by  Mr.  Thorpe  among  'the  laws  of 
King  Ethelred,'  which  are  not  found  in  the  Latin  transla- 
tions. Of  these,  one  contains  the  Acts  or  decrees  of  an 
ecclesiastical  council  held  at  Enham  (or  Eanham),^  and 
the  other  an  ordinance  ^  of  the  king  and  his  witenagemot, 
evidently  founded  on  those  Acts.  Both  are  in  the  main 
ecclesiastical,  though  they  contain  some  provisions  relative 
to  the  defence  of  the  realm.  They  go  into  detailed 
regulations  as  to  morals,  discipline,  and  religious  observances, 
etc.,  in  a  manner  until  then  without  example  (even  after 
the  treaty  between  Edward  the  Elder  and  Guthrum  the 
Dane),  in  Anglo-Saxon  legislation. 

Of  the  circumstances  under  which  the  Council  of  Enham 
was  held  ^  our  only  information  is  derived  from  a  Latin  pre- 
amble *  to  a  manuscript  copy  of  its  *  synodical  decrees '  (as 
they  are  there  called),  which  is  in  the  Cottonian  collection  :^ 

*  It  came  to  pass  at  a  certain  time  that,  under  an  edict  of 
King  Ethelred,  and  by  the  advice  of  the  two  archbishops, 

^  Thorpe's  Ancient  Laws,  vol.  i.  p.  314.  (This  place  is  supposed  to 
be  Ensham  in  Oxfordshire.)  "  Ibid.^  p.  304. 

^  See  Hook,  Lives  of  Archbishops^  vol.  i.  p.  465. 

*  Mr.  Thorpe  {Ancient  Laws,  vol.  i.  p.  315),  printing  the  Acts  of 
the  council  from  the  Cambridge  MS.  (No.  201  of  Nasmith ;  S.  18  of 
Wanley),  omits  this  preamble. 

5  '  Claudius,  A.  3,'  a  MS.,  according  to  Mr.  Thorpe,  of  about  the 
period  of  the  Conquest.  Selden  quotes  the  preamble,  describing  the 
assembly  as  *  a  council,  or  kind  of  parliament,  held  under  King  Ethel- 
red '  {Hist,  of  Tithes,  ch.  8,  §  10,  ed.  1618,  p.  220). 

T 


274  ANCIENT  FACTS  AND  FICTIONS  part  ii 

Alphege  and  Wulfstan,  all  the  great  men  of  the  English  (««/- 
versi  Anglorum  optiinates)  were  called  together  to  meet  on 
the  holy  day  of  Pentecost,  at  a  place  called  by  its  inhabitants 
Eanham.  An  assembly  of  very  many  reverend  servants  of 
Christ  being  there  collected,  they  reasoned  and  held  discourse, 
as  if  divinely  inspired,  of  many  things  concerning  the  recovery 
of  the  worship  of  the  Catholic  religion,  and  also  for  the  amend- 
ment and  furtherance  of  the  state  of  the  commonwealth '  {de 
CatholiccB  cultu  religionis  recuperando  deque  etiam  rei  statu 
publicce  reparando  vel  consulendd). 

The  '  synodical  decrees '  of  this  council  do  not  purport 
to  be  enactments  of  a  civil  legislature ;  and,  it  is  clear,  as 
a  matter  of  fact,  that  they  were  not.  Their  title,  in  the 
Parker  manuscript,  from  which  Mr.  Thorpe's  text  is  taken, 
is  *  Ordinances  of  the  Witan ';  but  even  that  title  (not  men- 
tioning the  king)  repels,  as  far  as  it  goes,  the  idea  of  a 
proper  legislative  enactment :  and  the  word  *  witan '  might 
be  used  of  the  wise  men  of  the  church  alone.  That  it  was 
so  used  in  this  place,  is  clear  from  the  introductory  words 
of  the  first  article^  : — *  These  are  the  ordinances  which  the 
councillors  of  the  English  selected  and  decreed,  and  strictly 
enjoined  that  they  should  be  observed,'  after  which  the 
article  proceeds : 

<  And  this  then  is  first,  the  primary  ordinance  of  the  bishops  : 
that  we  all  diligently  turn  from  sins,  as  far  as  we  can  do  so, 
and  diligently  confess  our  misdeeds,  and  strictly  make  dot 
(amends),  and  rightly  love  and  worship  one  God,  and  unani- 
mously hold  one  Christianity,  and  diligently  eschew  every 
heathenism,  diligently  promote  prayer  among  us,  and  diligently 
love  peace  and  concord,  and  faithfully  obey  one  royal  lord, 
and  diligently  support  him  with  right  fidelity.' 

The  Council  of  Enham,  being  held  under  Alphege  as 
primate  (whose  predecessor  in  the  see  of  Canterbury  died 

^  Thorpe's  Aticient  Laws,  vol.  i.  p.  315. 


CHAP.  IX  ETHELRED  AND  CANUTE  275 

on  the  1 6th  November  a.d.  1006,^  and  who  went  in  the 
next  year  to  Rome  for  his  pall,^  and  returned),  could  not  be 
earlier  than  a.d.  1008;  which  is  the  Latin  date  (in  the 
same  volume^  of  the  Parker  manuscripts  which  contains  the 
Acts  of  the  council,  and  also  in  a  volume*  of  the  Cottonian 
collection,  different  from  that  which  contains  the  *  synodical 
decrees ' )  of  the  civil  ordinance,  by  which  some  of  those 
synodical  decrees  (altogether  fifty-three  in  number)  were 
adopted  and  ratified ;  others  being  amended,  and  some  dis- 
allowed, or  omitted  as  unnecessary.  The  Anglo-Saxon 
title  of  the  civil  '  ordinance  '^  is  : 

'  This  is  the  ordinance  that  the  king  of  the  English  and 
both  the  ecclesiastical  and  lay  witan  have  chosen  and  advised.' 

The  points  of  agreement  prove  the  relation  of  the  Acts  of 
the  two  assemblies  to  each  other.  The  points  of  difference, 
as  well  as  the  fact  that  the  Acts  of  both  assemblies  are  pre- 
served as  distinct  from  each  other  in  the  same  volume  of  the 
Parker  manuscripts,  prove  that  neither  document  is  a  cor- 
rupted or  imperfect  copy  of  the  other.  It  is  probable, 
that  both  assemblies  may  have  been  held  about  the  same 
time  (perhaps  at  the  same  place),  the  royal  witenagemot 
succeeding  the  ecclesiastical  synod. 

On  comparing  the  civil  ordinance  with  the  *  synodical 
decrees,'  we  find  that,  of  the  latter,  twenty-six^  were  adopted 
and  enacted,  not  in  substance  only,  but  for  the  most  part 

1  Hook,  Lives  of  Archbishops  ^  vol.  i.  p.  454.  (Archbishop  Alphege 
fell  into  the  hands  of  the  Danes  at  Canterbury,  a.d.  ioii,  and  was 
murdered  by  them  in  the  following  year.) 

2  Ibid.,  p.  463.  3  ]^o^  201  of  Nasmith;  S.  18  of  Wanley. 
*  'Nero,  A.  i."     (Mr.  Thorpe's  print  is  from  this  MS.) 

^  Thorpe,  Ancient  Laws,  vol.  i.  p.  304. 

^  Those  numbered  (by  Mr.  Thorpe)  i  to  4  inclusive,  6,  8  to  11  in- 
clusive, 13,  15  to  21  inclusive,  24,  26,  30,  31,  33,  35,  37,  38,  40. 


276  ANCIENT  FACTS  AND  FICTIONS  part  ii 

literally,  and  with  little  change  of  order,  by  the  king  and  his 
witenagemot;  that  seven  ^  more  were  adopted,  with  omis- 
sions or  variations  in  the  nature  of  amendments;  that 
fifteen  2  were  retrenched  (probably  as  being  didactic  or 
superfluous),  four  articles  in  general  terms  of  a  like 
nature  being  substituted  for  them  at  the  end  of  the  civil 
ordinance ;  and  that  five^  were  disallowed,  one  of  which 
had  ordered  the  observance  of  ember-days  and  fasts,  *  so  as 
St.  Gregory  himself  prescribed  to  the  English  nation.'  ^  For 
this,  the  national  witenagemot  (either  to  do  honour  to  the 
memory  of  Ethelred's  murdered  brother  and  predecessor, 
or  perhaps  from  some  apprehension^  that  judgments  might 
have  fallen  upon  the  realm  on  account  of  that  murder), 
substituted  an  article  in  these  words  ^  : — 

'And  the  witan  have  chosen  that  St.  Edward's  mass- 
day  shall  be  celebrated  over  all  England  on  the  XV  Kal. 
April.' 

1  Arts.  5,  22,  25,  27,  28,  32,  36. 

2  Arts.  14,  29,  41  to  53  inclusive. 

3  Arts.  7,  12,  23,  34,  39.  (They  relate  to  the  banishment  of  witches, 
etc.,  to  prohibited  marriages,  to  St.  Gregory's  rule  as  to  fasts  and  fes- 
tivals, to  penalties  for  injuring  ships  of  war,  and  to  outrages  against 
nuns  and  widows.     Some  of  them  were  afterwards  enacted  by  Canute. ) 

*  Art.  23  (Thorpe,  Ancient  Laws,  vol.  i.  p.  321). 

'^  Stow  (a.d.  978),  following  older  chroniclers,  says  of  Ethelred : 
*  Because  he  came  to  the  kingdom  by  wicked  means,  and  by  killing  his 
brother,  he  could  never  get  the  good-will  of  the  people.'  Gervase  of 
Canterbury  (Stubbs'  ed.,  vol.  ii.  p.  52)  says  :  *He  besieged  rather  than 
governed  the  kingdom  for  thirty-seven  years.  The  course  of  his  life 
began  with  cruelty,  continued  in  misery,  ended  in  disgrace.  St.  Dun- 
stan,  when  unwillingly  he  put  the  crown  upon  his  head,  had  foretold 
the  evils  which  would  come  upon  him  and  upon  the  whole  kingdom.' 
Other  chroniclers  fill  up  the  tradition  with  the  words  of  Dunstan, 
predicting  judgments  upon  him  because  he  had  profited  by  his  brother's 
murder  ;  though  guilty  of  it  he  certainly  was  not. 

«  Thorpe,  Ancient  LawSy  vol.  i.  p.  309  (art  16). 


CHAP.  IX  ETHELRED  AND  CANUTE  277 

The  only  parts  of  these  documents  which  (with  reference 
to  my  general  subject)  I  think  it  necessary  to  mention,  are 
two  articles^  of  the  civil  ordinance,  as  to  church  dues  and 
tithes,  corresponding  exactly  with  six^  of  the  'sy nodical 
decrees.'  As  to  tithes,  they  merely  provided  that  *a  tithe 
of  young  by  Pentecost,  and  of  earth-fruits  by  All-Hallows 
mass,'  should  be  'willingly  paid  every  year.'  As  to  the 
other  dues,  the  only  thing  worthy  of  note  is,  that  burial- 
fees  {soul-scot)  were  ordered^  to  be  paid  *  to  the  minster ' 
to  which  the  corpse  belonged,  when  an  interment  might 
take  place  out  of  'its  proper  shrift-district.' 

The  monastic  mind*  is  apparent  in  these  'decrees,' 
and  in  the  provisions  of  the  'ordinance'  which  followed 
them.  Whether  from  the  disorders  of  the  time,  or  from 
some  constitutional  objection  to  the  manner  in  which  the 
proceedings  had  been  conducted,  the  fact  appears  to  be, 
that  they  failed  to  take  effect  as  laws.  The  party  in 
whose  interest  they  had  been  conceived  considered 
their  ratification,  by  re  -  enactment,^  necessary  within 
a  very  few  years  afterwards;  and  in  one  of  the 
documents^  which  had  that  object  in  view  there  is  an 
imputation    of    irregularity   cast    upon    King    Ethelred's 

1  Arts.  II,  12  {ibid.^  pp.  307-309). 

2  Arts.  16-21  inclusive  {ibid.,  pp.  319-321). 
^    'Ordinance,'  art.  12  {ibid.,  p.  309). 

^  See  arts.  4  to  9  inclusive,  of  the  civil  ordinance  (Thorpe,  Ancient 
Laws,  vol.  i.  pp.  304-307)  corresponding  with  arts.  2  to  5  inclusive,  of 
the  synodical  decrees  ^ibid.,  pp.  314-317). 

^  See  OfGrithandofMund{ibid.,  pp.  33i-337),and  Of  Church- Grith 
{ibid.,  341-351),  particularly  articles  i,  9  to  13  inclusive,  17,  28,  30,  31, 
and  44  of  Church-Grith.  The  greater  number  of  them  were  afterwards 
incorporated  into  Canute's  laws  (see  his  Ecclesiastical  Laws,  arts,  i,  2, 
5,  6,  8,  9,  12  to  17  inclusive,  19,  21,  24;  Secular  Laws,  arts.  3,  5,  10, 
36,  37,  51,  66,  74 — Thorpe,  Ancient  Laws,  vol.  i.  pp.  358-425). 

6  Of  Church-Grith,  arts.  37,  38  {ibid.,  p.  349). 


278  ANCIENT  FACTS  AND  FICTIONS  paet  ii 

witenagemots,  which  does  not  seem  applicable  to  the 
laws  of  Woodstock  or  Wantage,  but  may,  perhaps,  have 
reference  to  the  separation,  in  a.d.  1008,  of  the  national 
witenagemot  from  the  ecclesiastical  synod.  '  In  those 
gemots '  (it  is  said),  '  though  deliberately  held  in  places  of 
note  after  Edgar's  lifetime,  the  laws  of  Christ  waned,  and 
the  king's  laws  were  impaired;  and  then  was  separated 
what  was  before  in  common  to  Christ  and  "the  king  in  secular 
government ;  and  it  has  ever  been  the  worse,  before  God 
and  before  the  world.' 

§  4.  Ethelred's  supposed  law  for  Partition  of  Tithes. 

Mr.  Thorpe  has  classified,  among  'the  laws  of  King 
Ethelred,'  two  other  documents,  of  which  he  has  given  (I 
cannot  say  translated)  the  titles  as  found  in  the  Anglo- 
Saxon  texts: — Of  Grith  and  of  Mund^  and  Of  Church- 
Grith. '  ^  '  Grith '  means  peace  or  privilege  ;  such  as  that 
of  a  sanctuary  or  other  privileged  place  or  person.  *  Mund ' 
is  explained  as  protection^  guardianships  and  also  as  the 
price  or  penalty  for  the  violation  of  a  privileged  person 
or  thing. 

The  former  of  these  documents  ^  contains  nothing  about 
tithes  or  ecclesiastical  organisation ;  it  is  a  short  collection 
of  English,  Kentish,  South -Anglian,  North -Anglian,  and 
other  laws,  relative  to  the  privileges  of  churches,  etc. ; 
which,  in  the  thirteen  last  articles,*  is  followed  by  a  wail  of 
lamentation  over  the  prevailing  neglect  of  bishops  and 
their  precepts,  and  the  hypocrisy  of  those  who,  making  a 
formal  profession  of  religion,  and  of  reverence  for  priests, 

^  Thorpe,  Ancient  Laws^  vol.  i.  p.  330. 

2  Ibid.,  p.  340.  *  Ibid.,  p.  330. 

^  Arts.  19-31  {ibid.,  pp.  333-339). 


CHAP.  IX  ETHELRED  AND  CANUTE  279 

'  plunder  the  Church,  and  corrupt  or  impair  that  which  to 
the  Church  belongs/  and  '  injure  or  revile  (the  clergy)  by 
word  or  deed.'  There  is  in  it  no  pretension  to,  or  indica- 
tion of,  legislative  form  or  matter;  and  it  is  difficult  to 
understand  on  what  ground  it  could  have  been  supposed 
by  any  one  to  be  a  law.  I  mention  it  only  because  its 
matter  and  character,  its  juxtaposition  in  the  manuscripts  ^ 
with  the  succeeding  document  entitled  Church- Grith^ 
and  a  remarkable  sentence  ^  which  is  found  in  both,  suggest 
that  those  two  documents  may  have  had  the  same  origin 
and  a  common  purpose. 

The  document  called  Of  Church- Grith  was  either  a 
collection  (as  the  late  Mr.  Price,^  an  eminent  Anglo- 
Saxon  scholar,  thought  it)  of  the  same  character  with 
Of  Grith  and  of  Mund,  or  it  was  a  draft  or  project  of 
laws,  which  the  framer — evidently  an  ecclesiastic  of  Aelfric's 
school — wished  to  have  enacted.  If  the  former  was  its 
true  character,  some  things  contained  in  it,  especially  the 
article  as  to  a  tripartite  division  of  tithes,  must  have  been  of 
the  same  spurious  quality  with  other  monastic  fabrications,  of 
which,  from  the  time  of  the  false  Isidore,  there  had  been 
too  many.  If  the  latter  (as  I  should  myself  rather  conclude, 
from  the  relation  which  the  contents  of  this  document  bear 
to  the  legislation  of  Canute),  then  the  question  is,  when, 

1  The  Cottonian  MS.,  *Nero  A.  i ' ;  and  the  Parker  MS.,  No.  201, 
Nasmith ;  S.  18,  Wanley. 

2  Opening  of  art.  24  in  Grith  and  Mund'.  *  And  wise  were  also  in 
former  days  those  secular  witan,  who  first  added  secular  laws  to  the 
just  divine  laws,  for  bishops  and  consecrated  bodies ; '  and  of  art.  36 
in  Church- Grith :  *And  wise  were  those  secular  witan,  who  to  the 
divine  laws  of  right  added  secular  laws  for  the  people's  government." 

*  See  Mr.  Price's  letter  (26th  June  1832)  to  Archdeacon  Hale,  in 
Hale's  Essay  on  Church-rates^  App.,  pp.  49-51.  (As  to  Mr.  Price,  see 
preface  to  Thorpe's  Ancient  Laws,  vol.  i.  p.  xvii.) 


28o  ANCIENT  FACTS  AND  FICTIONS  paet  n 

and  how  far,  and  by  what  authority  (if  at  all),  the  matter 
embodied  in  that  project,  or  any  part  of  it,  became  law  ? 

In  its  first  and  sixth  articles  (the  latter  being  that  which 
was  intended  to  enjoin  a  tripartite  division  of  tithes)  it 
speaks,  beyond  doubt,  the  language,  either  of  past  or  of 
present  national  legislation.  The  first  ^  article  (which  relates 
to  the  privileges  of  churches)  is  introduced  with  the  words  : 

*  This  is  one  2  of  the  ordinances  which  the  king  of  the 
English  composed  with  the  counsel  of  his  witan.' 

The  sixth  article  I  give,  with  three  more  which  succeed 
it ;  all  relating  to  tithes.^ 

§  6.  *  And  respecting  tithe — the  king  and  his  witan  have 
chosen  and  decreed,  as  is  just,  that  one  third  part  of  the  tithe 
which  belongs  to  the  church  go  to  the  reparation  of  the  church, 
and  a  second  part  to  the  servants  of  God,  the  third  to  God's 
poor  and  to  needy  ones  in  thraldom. 

§  7.  '  And  be  it  known  to  every  Christian  man  that  he  pay 
to  his  Lord  his  tithe  justly,  always  as  the  plough  traverses  the 
tenth  field,  on  peril  of  God's  mercy,  and  of  the  full  wite  which 
King  Edgar  decreed — that  is  : 

§  8.  If  any  one  will  not  justly  pay  the  tithe,  then  let  the 
king's  reeve  go,  and  the  mass-priest  of  the  minster,  or  of  the 
land-rica^^  and  the  bishop's  reeve,  and  take  forcibly  the  tenth 
part  for  the  minster  to  which  it  is  due,  and  assign  to  him  the 
ninth  part ;  and  let  the  eight  parts  be  divided  into  two,  and 
let  the  landlord  take  possession  of  half,  half  the  bishop ;  be  it 
a  king's  man,  be  it  a  thane's. 

§  9.  *  And  let  every  tithe  of  young  be  paid  by  Pentecost  on 
pain  of  the  wite^  and  of  earth-fruits  by  the  equinox,  or  at  all 
events  by  All-Hallows  mass.' 

^  Thorpe,  Ancient  Laws,  vol.  i.  p.  341. 

^  This  form  of  expression  is  singular.  I  do  not  think  that  any- 
thing exactly  like  it  is  to  be  found  elsewhere.  ^  Ibid.,  343. 

*  Mr.  Thorpe  explains  '■Jand-rica'  as  the  proprietor  of  the  land,  lord  of 
the  soil. 


CHAP.  IX  ETHELRED  AND  CANUTE  281 

On  comparing  these  articles  with  King  Edgar's  laws,^  it 
will  be  seen  that,  if  enacted,  they  would  have  omitted  the 
clause  in  those  laws  which  authorised  the  payment  of  one- 
third  of  the  local  tithes  to  a  manorial  church  having  a 
burial-ground;  and  would  have  substituted  for  it  a  pro- 
vision (new  in  Anglo-Saxon  legislation)  for  a  tripartite  division 
of  tithes,  substantially  the  same  with  that  of  the  Capitulare 
Episcoporum^  though  not  expressed  in  exactly  the  same 
terms ;  the  chief  diiference  being  that,  as  to  one-third,  we 
have  here  ^the  servants  of  God^  instead  of  ^  the  priests  alone' ; 
a  variation  which  (if  it  did  not  indicate),  certainly  included 
monks.  And  the  tithes,  to  be  so  divided,  would  have  been 
treated  as  wholly  due  to  ''the  minster^  which  (if  this  were 
read  with  the  *  Habam  Ordinances ')  would  appear  to  mean 
the  nearest  Mother- Church. 

That  the  framer  of  any  project  of  law  should  express  it 
in  those  terms  in  which  it  might  stand,  if  adopted  and 
passed  by  the  legislature,  is  not  extraordinary.  That  form 
cannot  determine  the  question,  whether  it  was  so  adopted 
and  passed  or  not. 

The  internal  evidence  of  the  latter  part  of  the  docu- 
ment is  strong  against  the  supposition  that,  in  the  form  in 
which  it  there  appears,  it  was,  or  could  have  been,  enacted 
as  law.  Five  of  its  nine  last  articles  are  historical, 
rhetorical,  expostulatory,  didactic ;  such  as  might  have 
been  appended,  by  ecclesiastics  dissatisfied  with  the  actual 
state  of  things,  to  proposals  of  a  practical  character  cast  into 
the  shape  of  laws  which  they  wished  to  have  passed ;  but 
such  as,  if  their  proposals  were  wholly  or  in  part  adopted, 
would  certainly  not  be  repeated  in  the  law  itself.  Mr. 
Freeman,   who  seems   to  have  accepted  ^   the   date  a.d. 

*  Ante,  p.  220.  2  Norman  Conquest^  vol.  i.  p.  366. 


282  ANCIENT  FACTS  AND  FICTIONS  part  ii 

1014  (found,  as  will  presently  be  stated,  in  a  Latin  rubric 
to  one  of  the  manuscripts)  as  evidence  that  the  document 
represents  some  public  act  of  that  year,  was  also  led  (I 
presume,  by  those  latter  clauses)  to  the  conclusion, ^  that 
these  were  *  hardly  laws  at  all,'  but  mere  *  advice,'  and  '  an 
expression  of  pious  and  patriotic  feeling,  a  promise  of  national 
amendment,  rather  than  legislation,  strictly  so  called.' 

.  The  document  is  found  in  two  (I  believe  only  two) 
manuscripts,  one  of  them  imperfect : — in  '  Nero  A.  i  *  of 
the  Cottonian  collection,  and  in  the  volume  of  the  Parker 
collection  in  the  library  of  Corpus  Christi  College,  Cam- 
bridge, numbered  201  by  Nasmith,  and  by  Wanley  S.  18. 

The  contents  of  both  those  volumes  (of  the  former 
especially)  are  miscellaneous  in  their  character.  The 
Saxon  portion  of  the  former  (of  which  the  Latin  part 
includes  some  things  belonging  to  the  latter  half  of  the 
twelfth  century)  is  said  by  Mr.  Thorpe  to  have  been 
'written  apparently  in  the  beginning  and  middle  of  the 
eleventh  century ' ;  the  Parker  volume  he  describes  as  '  ap- 
parently of  the  middle  of  the  eleventh  century.'  If  the 
present  order  of  their  contents  can  be  relied  on,  no  part  of 
either  volume  was  written  before  the  end  of  Canute's  reign, 
who  died  in  November  a.d.  1035  ;  for  the  Worcester  book 
begins  with  Canute's  laws,  which  are  followed  by  those  of 
Edgar,  Alfred,  Athelstan,  Edmund,  Ethelred;  and  after  them 
Grith  and  Mund^  and  Church-Grith ; — all  in  Anglo-Saxon  ; 
not  laws  only,  but  in  that  order.  In  the  other  manuscript, 
Canute's  laws  do  not  come  first;  but  they  follow  Church-Grith. 

Selden  knew  and  used  the  Worcester  (Cottonian),  and 
Spelman  the  Parker  manuscript ;  and,  as  neither  of  them 

^  See  his  paper  quoted  by  Rev.  Morris  Fuller,  Alleged  Tripartite 
Division,  etc.,  p.  34. 


CHAP.  IX  ETHELRED  AND  CANUTE  283 

made  mention  of  this  Church-Grith  document,  it  may  be 
inferred  that  they  did  not  regard  it  as  having  the  character 
or  the  authority  of  a  law.  If  Lambarde,  Whelock,  and 
John  Johnson  were  acquainted  with  either  manuscript  (the 
contrary  supposition  is  improbable),  the  inference  as  to  them 
also,  from  their  silence  about  it,  must  be  the  same.  David 
Wilkins  was  the  first  to  publish  it,  in  his  Leges  Aftglo- 
Saxonicce^  where  he  combined  it,  in  a  manner  for  which  the 
manuscripts  afforded  no  warrant,  with  the  ordinances  of 
Wantage.  If  he  had  regarded  it  as  an  authentic  eccle- 
siastical law  when  he  afterwards  (in  a.d.  1737)  published 
his  great  collection  of  Acts  of  councils  and  other  English 
ecclesiastical  documents,  it  must  ^  have  found  a  place  there ; 
which  it  does  not. 

Mr.  Thorpe  professes  to  follow  the  (imperfect)  Cotton- 
ian  manuscript;  which,  however,  does  not  contain  his 
Latin  heading,  with  the  date  a.d.  1014  {^Anno  MXIIII  ab 
Incarnatione  Domini  nostri  Jesu  Christi^).  There  is,  in- 
deed, now  written  in  the  margin  of  that  manuscript,  in 
a  small  modern  hand  (which  I  believe  to  be  that  of  Josce- 
line.  Archbishop  Parker's  secretary),  the  date  ''A*^-  dni. 
1014 ';  and  this,  no  doubt,  was  done  upon  the  authority  of 
the  other  manuscript,  then  (if  Josceline  was  the  anno- 
tator)  in  Archbishop  Parker's  possession.  The  Parker 
manuscript  is,  therefore,  the  only  authority  for  that  date.  It 
occurs  there  (with  the  figures,  as  given  by  Mr.  Thorpe,  but 
in  other  respects  with  contractions  ^  which  he  has  expanded) 
in  a  rubric,  crowded  into  the  right  side  of  the  first  lines  of 

^  Leges  Anglo-SaxoniccB  {i^j 21),  pp.  106,  113. 

2  Canute's  Ecclesiastical  Laws  are  in  Wilkins's  Concilia,  vol.  i., 
pp.  299-309. 

^  The  rubric  is  in  two  lines  of  unequal  length,  thus : 
AN.  MXIIII  AB.  INCARN 

DNI  NRI  IHV  XPI. 


284  ANCIENT  FACTS  AND  FICTIONS  part  ii 

the  text,  and  therefore  written  at  the  same  time  with  those 
Hnes — that  is,  not  earlier  than  the  middle  of  the  eleventh 
century.  In  transcripts  or  copies  of  ancient  documents, 
nothing  is  more  liable  to  corruption  than  numerals : 
and,  in  this  case,  an  error  in  a  single  figure  might  have 
made  MXVIII  pass  into  MXIIII.  I  have  spoken  of 
the  marginal  note  (which  I  suppose  to  be  Josceline's)  to  the 
Worcester  manuscript.  There  are  also  two  notes,  in  differ- 
ent hands  of  the  sixteenth  or  seventeenth  century,  to  the 
Parker  manuscript :  one,  at  the  top  of  the  page,  *  Leges 
Aetheldredi^  {Ethelred's  Laws);  the  other,  in  the  margin, 
^  Fragmen.  Legis  CanutV  (A  Fragment  of  Canute's  Law). 
The  former  gloss  (for  Ethelred's  name  occurs  nowhere  in 
the  manuscript)  was  evidently  founded  on  the  rubrical  date  ; 
the  latter  upon  a  suspicion  of  error  in  the  date,  not  un- 
reasonable (although  the  idea  of  the  document  being  a 
'  fragment '  seems  to  be  incorrect)  when  its  relation  to  the 
laws  of  Canute  is  perceived  and  considered. 

Mr.  Price  ^  thought,  that  the  date  a.d.  1014  was  con- 
firmed by  the  internal  evidence  of  a  clause  in  the  document 
itself;  although  he  did  not  regard  it  as  a  law.  The  clause^ 
is  this  : 

*  But  let  us  do  as  is  needful  for  us ;  let  us  take  to  us  for  an 
example  that  which  former  secular  witan  deliberately  instituted, 
— Aethelstan,  and  Edmund,  and  Edgar  who  was  last ;  how  they 
worshipped  God,  and  observed  God's  law,  and  rendered  God's 
tribute,  the  while  that  they  lived.  And  let  us  love  God  with 
inward  heart,  and  heed  God's  laws,  as  well  as  we  best  can.' 

I  fail  to  see  why  the  words,  *  Edgar  who  was  last^  should 
be  more  appropriate  to  the  end  of  Ethelred's  than  to  the 

1  Letter  to  Archdeacon  Hale  (26th  June  1832),  Hale's  Essay  on 
Church-rates ,  App.,  pp.  49-51. 

^  Art.  43  (Thorpe's  Ancient  Lawsy  vol.  1.  p.  351). 


CHAP.  IX  ETHELRED  AND  CANUTE  285 

beginning  of  Canute's  reign.  They  could  not,  in  either 
case,  mean  that  Edgar  was  the  immediate  predecessor  of 
the  reigning  king ;  for  Edgar  was  not  the  immediate  prede- 
cessor of  Ethelred ;  Edward,  '  the  Martyr,'  came  between. 
If  (as  I  think)  they  mean  that  Edgar  was  the  last  of  those 
kings  who  were  held  up  by  the  framer  of  the  document  as 
examples  for  imitation,  that  would  be  no  less  true  at  any  time 
before  a  reform,  after  the  model  of  those  better  times,  had 
taken  place,  than  in  a.d.  10 14.  It  would  be  true  till  Canute 
had  satisfied  the  desires  of  those  who  looked  back  with 
regret  to  the  days  of  Athelstan,  and  Edmund,  and  Edgar. 
That  this  is  the  real  sense  of  the  words,  I  think  manifest 
from  another  clause  ^  in  the  same  document,  already  (for 
another  purpose)  referred  to.  'But  in  those  gemots, 
though  deliberately  held  in  places  of  note,  after  Edgar's 
lifetime,  the  laws  of  Christ  waned,  and  the  king's  laws  were 
impaired.'  And  it  is  further  illustrated  by  a  passage  in  the 
Institutes  of  Polity^  where  it  is  said ;  *  It  has  been  altogether 
too  much  the  case,  since  Edgar  ended,  that  there  are  more 
robbers  than  righteous.' 

What,  as  bearing  upon  the  question  whether  Church-Grith 
was  an  enactment  of  Ethelred  in  a.d,  10 14,  which  had 
force  and  effect  as  law  in  England,  is  the  evidence  of 
history  ?  Ethelred  had  before  that  year  fled  the  country, 
and  Sweyn,  the  father  of  Canute,  reigned  for  a  short  time 
in  his  stead.  It  is  true  that  at  Easter,  a.d.  10 14,  after 
Sweyn's  unexpected  death,  Ethelred  was  recalled  by  his 
subjects,  and  returned,  promising  (a  condition  on  which 
they  insisted)  that  his  government  should  be  reformed.  So 
say  all  the  chroniclers ;  but  not  one  of  them  says  that  the 
promise   was   fulfilled.      On   the   contrary,   his   last   days 

^  Art.  37  (Thorpe,  Ancient  Laws,  vol.  i.  p.  349). 
2  Ibid.f  vol.  ii.  p.  321. 


286  ANCIENT  FACTS  AND  FICTIONS  part  il 

seem  to  have  been  (if  possible)  worse  than  the  first.  He 
was  in  circumstances  which  left  him  practically  without 
power.  Canute  never  renounced,  and  never  thought  of 
renouncing,  the  crown  which  had  been  his  father's.  In  the 
war  which  followed  Ethelred's  return  he  found  his  strength 
insufficient,  without  reinforcements ;  to  obtain  which  he  sailed 
to  Denmark;  but  after  a  short  interval  he  came  back, 
stronger  than  ever.  When  the  war  was  resumed  Ethelred 
was  in  failing  health.  In  1016  he  died.  On  his  death 
Canute  was  accepted  as  king  by  the  national  witenagemot 
at  Southampton,  and  he  carried  on  the  war  with  varying 
fortunes  during  the  spring  and  summer  of  that  year  against 
Edmund  Ironside.  That  war  was  terminated  by  an  agree- 
ment for  partition  of  the  kingdom ;  but  on  the  30th  of 
November  in  the  same  year  Edmund  died ;  and  from  that 
day  Canute  reigned  throughout  England  without  a  com- 
petitor. 

I  find  it  difficult  to  suppose  that  if,  during  the  year  after 
Ethelred's  return  from  Normandy,  a  national  witenagemot 
had  been  assembled  for  the  work  of  legislative  reform,  it 
would  have  been  contented  with  a  series  of  purely  ecclesi- 
astical laws  and  precepts,  such  as  those  contained  in  the 
document  under  consideration ;  or  that,  if  Ethelred  had  in 
that  way  redeemed  his  promise  to  govern  better  than  before, 
every  chronicler  who  mentions  that  promise  would  have 
been  silent  about  it ;  or  that  the  laws  of  Edgar,  the  restora- 
tion of  which  in  A.D.  10 18  was  one  of  Canute's  first  acts,^ 
should  have  been  still  disregarded  until  that  time.  But  if  the 
mention  of  the  'king  and  witan'  in  Church- Grtth^  together 
with  the  rubrical  date  of  the  Parker  manuscript,  should 
seem  to  any  one  sufficient  to  outweigh  those  improbabilities, 

^  Saxon  Chronicle,  and  Florence  (following  it),  under  A.D.  1018. 


CHAP.  IX  ETHELRED  AND  CANUTE  287 

what  was  done  by  Ethelred  in  a.d.  1014  could  not  after  his 
death  in  a.d.  10 16  take  any  practical  effect,  except  so  far  as 
it  might  be  recognised  as  valid  or  confirmed  by  Canute ;  nor 
under  the  circumstances  of  those  two  miserable  years  ^  while 
Ethelred  still  lived,  is  it  possible  that  anything  so  done 
could  have  effected  a  practical  change  (even  during  that 
interval)  in  the  prior  usages  of  the  Anglo-Saxon  Church. 
What  Canute  did, — whether  Church- Grith  represents  any- 
thing done  or  proposed  to  be  done  in  a.d.  10 14,  or  whether 
it  was  (as  I  think  more  likely)  a  project  of  law  which 
the  ecclesiastics  who  called  Canute  to  the  throne  in  10 16 
submitted  to  him,  then  or  afterwards,  and  desired  to  have 
enacted  by  him, — ^what  he  did,  proves  unequivocally,  that, 
although  he  conciliated  the  monastic  party  by  accepting 
and  enacting  almost  everything  which  was  contained  in  that 
document,  he  did  not  accept,  and  did  not  enact  or  confirm, 
but,  on  the  contrary,  set  aside  and  disallowed  the  article  of 
that  document  as  to  a  tripartite  division  of  tithes. 

§  5.   Canute^ s  Laws. 

Of  all  the  kings  who  held  sway  in  England  before  the 
Norman  Conquest,  Alfred  and  Canute  were  the  most 
distinguished  as  legislators :  Canute  stands  even  before 
Alfred,  as  the  author  of  the  more  complete,  copious,  and 
elaborate  code.^  That  work  must  have  been  the  result 
of  careful  deliberation ;  it  was  a  well-considered  endeavour 
to  provide  for  the  good  government  of  his  English 
subjects,  and   to   meet,   as   far   as   possible,    the  reason- 

^  In  the  same  Worcester  (Cottonian)  manuscript  volume  which  con- 
tains Church-Grith  is  a  sermon  thus  described  in  the  table  of  contents 
at  the  beginning  of  the  book  :  *  Sermo  Lupi  ad  Anglos^  quando  Dani 
niaxime persecuti  sunt  eos  ;  quodfuit  anno  1014  ab  Incarnatioiu  Domini 
nostrijesu  Chrisii.'         ^  Thorpe's  Ancient  LawSy  vol.  i.  pp.  358-430. 


288  ANCIENT  FACTS  AND  FICTIONS  part  ii 

able  wants  and  wishes  of  all  orders  and  degrees  of  men 
among  them.  It  contains  twenty-six  ecclesiastical  laws,  and 
eighty-four  secular  (including  several  on  mixed  subjects) ; 
in  addition  to  which,  there  were  thirty-four  forest  laws. 

There  is  nothing  in  Canute's  code  material  to  my 
purpose,  except  the  laws  which  show  its  relation  to  the 
documents  called  Of  Grith  and  of  Mund^  and  Of 
Church-Grith^  and  those  relating  to  tithes  and  repairs  of 
churches.  Of  the  classification  of  'minsters,'  and  'field- 
churches,'  contained  in  one  of  its  articles,  I  have  already^ 
spoken. 

That  the  document  called  Of  Grith  and  of  Mund,  was 
made  use  of  in  the  preparation  of  Canute's  laws  seems  evident, 
from  some  of  the  provisions  in  the  second  ^  article  of  the 
ecclesiastical,  and  the  sixtieth^  of  the  secular  laws ;  and  also 
from  the  opening  words  of  the  twenty-sixth  *  article  of  the 
ecclesiastical  laws,  ^Bishops  are  heralds^  and  teachers  of 
Gods  laws^  which  are  found  in  the  nineteenth  article  of 
Grith  and  Mund. 

As  to  the  other  document,  the  state  of  the  case  is  this. 
It  contains,  altogether,^  forty-four  clauses  or  articles;  of 
which  five^  are  of  that  historical,  rhetorical,  expos- 
tulatory,  and  didactic  character  of  which  I  have  spoken  as 
not  proper  for  laws  which  could,  in  that  or  any  similar 
form,  be  enacted  by  any  legislature.  These  do  not  appear 
in   Canute's    legislation;    and    one    other    was    omitted, 

1  Ante^  pp.  222,  223. 

^  *  Then  is  it  very  right,  that  God's  church-grith  within  walls,  and  a 
Christian  king's  hand-grith,  stand  equally  inviolate,'  ibid.^  p,  359 ; 
compare  Of  Grith  and  of  Mund,  art.  2,  ibid.^  p.  331. 

'  Ibid.y  p.  409;  compare  Of  Grith  and  of  Mund ^  art.  9;  ibid.,^.  331. 

*  Ibid.,  p.  375;  G.  and M.,  ibid.,  p.  ZZZ- 

°  Ibid.y  pp.  340-351.  ^  Arts.  36  to  39  inclusive,  and  43. 


CHAP.  IX  ETHELRED  AND  CANUTE  289 

apparently  as  superfluous.  There  remain  thirty-eight  of 
a  more  positive  kind ;  and  of  these,  thirty-two  are  found, 
without  alteration,  in  Canute's  laws  (twenty-five  in  the 
ecclesiastical,  seven  in  the  secular),  and  four  more,  if  not 
repeated  in  exactly  the  same  terms,  are  covered  in  substance 
and  by  necessary  implication.^  Two  ^  remain,  which  were 
evidently,  on  consideration,  disallowed ;  one  of  these  is  the 
article  for  the  tripartite  division  of  tithes — of  which  (I  may 
here  add)  there  is  no  trace  in  any  later  collection  or  compila- 
tion of  Anglo-Saxon  laws, — not  in  those  which  go  by  the 
name  of  Edward  the  Confessor  ^ ;  not  in  those  ascribed  to 
the  Conqueror  * ;  not  in  those  called  the  laws  of  Henry  I.,^ 
The  other  rejected  article  ^  proposed  to  give  extraordinary 
aid  and  protection  to  abbots  and  their  stewards : 

'And  the  king  commands  all  his  reeves,  in  every  place, 
that  ye  protect  the  abbots  on  all  secular  occasions,  as  ye  best 
may  ;  and,  as  ye  desire  to  have  God's  or  my  friendship,  that 
ye  aid  their  stewards  everywhere  to  right ;  that  they  them- 
selves may  the  more  uninterruptedly  dwell  closely  in  their 
minsters,  and  live  according  to  rule.' 

Canute  did  more  than  omit  the  clause  for  the  tripartite 
division  of  tithes.  Instead  of  it,  he  restored  ^  to  its  proper 
place  in  the  ecclesiastical  part  of  his  code,  Edgar's  law  ^  in 
favour  of  manorial  churches  with  burial-grounds,  (which  the 
framers  of  Church-Grith  had  omitted).  And  by  one  of  his 
secular  laws,^  *  all  men  '  were  required  to  '  give  assistance  to 
church-bot^ — that  is,  to  the  repair  of  churches. 

^  See  Appendix  E. 

2  Arts.  6  and  32.     (That  as  to  the  partition  of  tithes  is  art.  6. ) 
*  Thorpe's  Ancient  Laws,  vol.  i.  pp.  442-464.     *  Ibid.^  pp.  466-496. 
5  Ibid.,  pp.  497-631.  ^  Art.  32  {ibid.;^.  347). 

'  Canute's  Ecclesiastical  Laws,  art.  1 1  (Thorpe's  Ancient  Laws^ 
vol.  i.  pp.  366,  367). 

8  Ibid.y  p.  263  (and  see  ante,  p.  320).       »  /^^-^^  (p^  ^u^  art.  66). 

U 


290  ANCIENT  FACTS  AND  FICTIONS  part  ii 

If  we  inquire  how  it  happened  that,  on  points  such 
as  these,  the  monastic  party  failed  to  obtain  the  legislation 
which  they  desired,  the  explanation  may  probably  be  found 
in  the  influence  of  Ethelnoth,  who  succeeded  to  the  see 
of  Canterbury  in  a.d.  1020.  He  was  Canute's  intimate 
friend,  '  encouraging  him  '  (in  the  words  of  Dean  Hook's  ^ 
quotation  from  William  of  Malmesbury)  'in  his  good 
actions  by  the  authority  of  his  sanctity,  and  restraining 
him  in  his  excesses.' 

'Although  educated  at  Glastonbury,  he  was  himself  a 
secular,  and  the  predilections  of  Canute  for  the  party  of  the 
seculars  were  evinced  by  his  placing  the  church  he  erected  at 
Assingdon  under  the  control  of  a  secular  priest  ;  but,  where- 
ever  people  desired  it,  Benedictine  monasteries  were  estab- 
lished, and  every  facility  was  afforded  to  the  chapters  of 
cathedrals  and  larger  churches  to  adopt  the  Benedictine  rule 
when  such  was  their  pleasure.  The  consequence  was  that 
the  seculars  ceased  to  be  persecuted ;  and  although,  in  de- 
ference to  public  opinion,  the  married  clergy  were  not 
encouraged,  they  were  permitted  without  molestation  to  culti- 
vate the  domestic  virtues  until  the  triumph  of  celibacy  under 
the  Normans.' 2 

I  will  state,  before  leaving  this  subject,  my  reasons  for 
agreeing  with  the  opinion  of  Mr.  Kemble  ^  and  Schmid,* 
that  Canute's  laws  ought  to  be  referred,  not  (as  Lappen- 
berg  ®  and  some  others  have  thought)  to  the  latter,  but  to 
the  earlier  part  of  his  reign.  If  they  belong  to  the  earlier 
time,  the  *  Mid-winter '  witenagemot  of  Winchester,  at 
which,   according  to  the  Anglo-Saxon   title  ^  in  the  Wor- 

^  Lives  of  Archbishops^  vol.  i.  p.  479.  -  Ibid,^  pp.  480,  481. 

^  Saxons  in  England^  vol.  ii.  p.  259. 

^  Die  Gesetze  der  Angelsachsen  (Leipsic  1882),  preface,  p.  Iv. 

'  Hist,  of  England  (JiYiox^Q's  transl.),  vol.  ii.  p.  202. 

^  See  Thorpe,  Ancient  LawSy  vol.  i.  pp.  358,  359. 


CHAP.  IX  ETHELRED  AND  CANUTE  291 

cester  manuscript,  they  were  passed,  may  probably  have 
been  held  between  a.d.  1018  and  1021..  Those  who  lean 
to  the  contrary  opinion  suppose  them  to  have  been  passed 
after  Canute's  return  from  his  pilgrimage  to  Rome ;  the 
true  date  of  which  (though  assigned  by  the  chroniclers 
to  A.D.  103 1 )  cannot  be  later  than  1026.^ 

It  is  not  likely  that  Canute,  whose  affairs  in  the 
north  of  Europe  required  him  to  be  for  long  intervals 
absent  from  England,  should  have  delayed  for  more  than 
ten  years  from  his  accession  to  the  throne  a  work  of 
legislation,  indispensably  necessary  for  the  pacification 
and  settlement  of  his  newly-acquired  kingdom.  It  was 
expected  from  him  by  those  who,  upon  the  death  of 
Ethelred,  chose  him  for  their  king.  The  provisions  of 
his  laws  generally,  and  especially  the  ecclesiastical  laws, 
were  founded  upon  materials  ready  to  his  hand.  His 
policy  must  have  been  to  conciliate,  as  much  and  as 
soon  as  possible,  the  goodwill  of  his  new  subjects,  and  to 
establish  a  contrast  between  his  firm  government  and  the 
preceding  times  of  disorder.  All  these  considerations  were 
against  unnecessary  delay. 

Lappenberg^  gives  no  reasons  for  his  opinion,  that 
Canute's  laws  *do  not  appear  to  have  been  composed  in 
the  first  years  of  his  reign,'  beyond  these — (i)  that  their 
preamble  *  shows  them  to  be  posterior  to  the  re-conquest  of 
Norway  in  1028 ;'  and  (2)  that  they  contain  a  *reintroduc- 
tion  of  St.  Peter's  Penny.' 

Of  the  latter  reason  it  is  sufficient  to  say,  that  the 
clause  in  Canute's  ecclesiastical  laws,  which  Lappenberg 
describes   as    *  re -introducing '   the   Ro7n-feoh^   or   Peter's 

^  See  Lappenberg,  History  of  England  (Thorpe's  transl.),  vol.  ii.  p. 
211,  note.  2  ji,id,^  p.  202. 


292  ANCIENT  FACTS  AND  FICTIONS  part  ii 

penny,  is  taken  directly  from  Church- Grith}  and  could 
not  be  due  to  any  special  effect  on  Canute's  mind  of  his 
visit  to  Rome.  That  impost  had  been  recognised,  as 
legally  due,  in  the  synodical  decrees  of  Enham,^  and  in 
the  ordinance  of  a.d.  1008.^  And  Canute's  own  letter* 
from  Rome  to  the  English  archbishops  and  bishops  (which, 
in  Lappenberg's  view,  preceded  his  legislation)  contains,  to 
my  mind,  evidence  to  the  contrary.  He  referred  in  that 
letter  to  plough -alms,  tithes,  Peter's  pence,  and  church- 
scot  (the  payment  of  all  which  was  enjoined  by  clauses  of 
his  code,  repeating  and  confirming  older  laws),  as  'due 
according  to  the  ancient  law  to  God ' ;  he  expressed  his 
desire  that  none  of  them  should  be  in  arrear  when  he 
returned ;  and  he  gave  notice  that  if  they  were  not  duly 
paid,  the  laws  concerning  them  would  be  strictly  enforced 
by  him  against  defaulters  {^Hcec  et  his  similia^  si  non 
erunt  persoluta^  regia  exactio  secundum  leges^  in  quern  culpa 
cadit,  districte  absque  venia  comparabitJ) 

As  for  the  description  of  Canute,  in  the  Anglo-Saxon 
title  of  the  Worcester  manuscript,  as  '  king  of  all  England, 
and  king  of  the  Danes  and  Norwegians,'  it  is  not  to  be 
assumed  that,  because  a  later  scribe  gave  him  that  style,  it 
was  found  in  the  original  record  of  his  laws.  It  is  not  in 
the  Rochester  ^  text.  Schmid  ^  regarded  it  as  an  interpola- 
tion, on  the  ground  that  Canute  never  used  his  Danish  or 
Norwegian  titles  in  England.      And  Lappenberg,^  when 

^  Art.  10.     See  Thorpe,  Ancient  Laws,  vol.  1.  p.  343. 
2  Ibid.,  p.  321.  '  Ibid.,  p.  309, 

*  See  Florence  of  Worcester,  sub  a.  d.  1031,  and/^j/*,  pp.  296, 297,  note. 
"  Textus  Roffensis  (belonging  to  the  Dean  and  Chapter  of  Rochester 
Cathedral,  published  by  Hearne  in  a.d.  1720) ;  see  fol.  58. 
^  Die  Gesetze  der  Angelsachsen,  preface,  p.  Iv. 
'  Hist,  of  England  {Thorpe^s  transl.),  vol.  ii.  p.  211,  note. 


CHAP.  IX  ETHELRED  AND  CANUTE  293 

investigating  the  question  of  the  true  date  of  Canute's 
letter  from  Rome,^  was  not  embarrassed  by  a  similar  diffi- 
culty. '  The  title  assumed  by  Canute,  in  his  letter,  of  Rex 
Norveganorum  et  -partis  Suevorum  may '  (he  said)  *  be  a 
later  interpolation.' 

^  The  letter  in  Florence  of  Worcester  (under  a.d.  103  i)  is  thus 
addressed :  '  Canutus  rex  totius  AnglicB,  et  DenemarcicB  et  Norre- 
ganorum,  et  partis  Suavorumy  Aethelnotho  Metropolitano  et  Alfrico 
Eboracensi  Arckiepiscopo.* 


CHAPTER   X 

FOURTH    PERIOD FINAL    SETTLEMENT    OF   THE    PAROCHIAL 

SYSTEM 

§  I.  Summary  of  laws  as  to  Tithes ^  doivn  to  Canute 

The  general  effect  of  the  Anglo-Saxon  laws  as  to  tithes, 
down  to  and  including  those  of  Canute,  may  be  thus  shortly 
summed  up.  The  obligation  of  paying  praedial  tithes  was 
recognised ;  they  were  to  be  paid  at  certain  seasons, 
according  to  the  nature  of  the  different  titheable  subjects. 
Those  who  did  not  pay  them  were  liable  to  penalties ;  and 
under  Edgar's  laws  (confirmed  and  repeated  by  Canute), 
they  might  be  taken  forcibly,  under  process  of  law,  from 
those  who  withheld  them.  Until  Edgar's  time,  no  law 
either  enjoined,  or  expressly  recognised,  any  special  appro- 
priation of  tithes.  That  appears  to  have  been  determined 
by  practice.  There  was  not  so  much  as  a  canon  of  the 
Church  which  laid  down  a  rule  on  that  subject.  If  we  go 
so  far  back  as  to  the  precepts  of  Archbishop  Theodore,  it 
seems  that,  in  his  view,  the  ecclesiastical  duty  would  have 
been  satisfied  by  a  gift,  either  directly  to  the  poor  or 
strangers,  or  (by  laymen)  to  the  giver's  *  own  church.' 

From  Edgar's  laws,  however,  it  may  with  reasonable 
certainty  be  inferred,  that  there  was  a  general  presumption 
in  favour  of  the  payment  of  tithes  to  the  *  older  minsters,' 
or  '  mother-churches '  (monastic,  generally,  or  conventual) — 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         295 

similar  to  the  public  baptismal  churches  of  the  Continent. 
Those  laws  were  the  first  to  introduce  an  innovation  upon 
that  general  custom,  in  favour  of  churches  in  private 
patronage,  with  burial-grounds  belonging  to  them,  within 
the  manors  or  estates  of  private  landowners.  But  that 
concession  extended  only  to  one-third  of  the  local  tithes. 
The  other  two-thirds  were  still  treated  as  payable  to  the 
'older  minster,'  or  *  mother -church.'  Those  laws  were 
repeated^  in  Canute's  code. 


§  2.   Course  of  transition  to  modern  Parishes. 

There  can  be  no  doubt  that,  in  the  churches  to 
which,  under  Edgar's  laws,  one -third  of  the  local  tithes 
was  allowed  to  be  given,  we  have  the  original  type  of 
modern  parish  churches.  Of  their  multiplication,  and 
gradual  extension  over  the  whole  country,  Selden's  account  2 
must  be  true.  *  Most  laymen  of  fair  estate '  (he  says) 
'desired  the  country  residence  of  some  chaplains  that  might 
be  always  ready  for  Christian  instruction  among  them,  their 
families,  and  adjoining  tenants.'  They  built  and  endowed 
churches ;  and  the  endowment  of  every  such  church,  on  its 
consecration,  'was  restrained  from  the  common  treasure  of 
the  diocese,  and  made  the  only  revenue  which  became 
perpetually  annexed  to  the  church  of  that  clerk  who  received 
it.'  A  district  was  attached  to  the  church,  determined 
generally  by  the  extent  of  those  neighbouring  lands  of  the 
lay  founder,  which  were  intended  to  receive  benefit  from  the 
foundation.  This  became  the  '  parish  '  of  the  priest  in 
charge ;  and  the  inhabitants  of  that  district  were  his  parish- 

^  'Y\\oxi^^s  Ancient  Laws,  vol.  i.  p,  367  (arts.  8,  ii). 
2  Hist,  of  Tithes,  ch.  9,  §  4,  p.  259  (ed.  1618). 


296  ANCIENT  FACTS  AND  FICTIONS  part  ii 

ioners.  The  older  sense  of  the  word  '  parish '  naturally 
lent  itself  to  that  application.  The  priest  was  nomin- 
ated by  the  lord,  or  patron,  and  until  the  latter  part 
of  the  twelfth  century  received  investiture  from  him, 
without  episcopal  institution.  This  we  know  on  the  testi- 
mony of  Pope  Alexander  III.,^  who  condemned  the  practice 
as  wrong  in  principle,  and  against  '  the  constitutions  of  the 
Holy  Fathers.'  *  We  have  been  certainly  informed '  (he 
wrote  to  Archbishop  Becket,  and  his  suffragans  of  the 
province  of  Canterbury)  '  by  many  complaints  which  have 
reached  us,  that  in  your  parts  a  very  bad  and  irregular 
custom  has  obtained  prevalence  for  a  very  long  time  past 
{a  multis  retro  temporibus  ifivalmsse) ;  namely,  that  clerks, 
influenced  by  blind  covetousness,  accept  churches  and 
ecclesiastical  benefices  without  consent  of  the  bishop  of 
the  diocese,  or  his  officials,  to  whom  that  duty  belongs.' 
An  earlier  attempt  to  establish,  in  such  cases,  the  episcopal 
power  had  been  made  by  Paschal  II.,  but  had  met  with 
resistance  in  England.  Archbishop  Anselm  ^  wrote  to  that 
Pope : 

*  After  my  return  to  England,  on  being  recalled  to  my  see, 
I  produced  the  apostolical  decrees  which  I  heard  when  present 
in  the  council  at  Rome,  forbidding  any  one  to  receive  investi- 
tures of  churches  from  the  hand  of  the  king  or  of  any  layman, 
doing  homage  for  them  {ut  pro  his  ejus  homo  fieref)  ;  forbid- 
ding also  the  ordination  of  any  one  who  might  transgress  this 
rule.  It  was,  however,  so  ill  taken  by  the  king  and  his  chief 
lords,  and  even  by  the  bishops  themselves,  and  by  others  of 
less  degree,  that  they  declared  they  would  in  no  wise  consent 
to  it  ;  and  that  they  would  rather  expel  me  from  the  realm, 
and  separate  themselves  from  the  Roman  Church  {et  a  Romana 
ecclesia  se  discesstiros)J 

^  Decret.  Greg.  IX.  ^  lib.  iii.,  tit.  vii.,  cap.  3. 

«  See  Selden,  Hist,  of  Tithes^  ch.  12,  §  2  (ed.  1618),  p.  y]T. 


CHAP.  X    SETTLEMENT  OF  PAROCHIAL  SYSTEM        297 

The  abolition  of  this  practice,  and  also  the  establishment 
of  the  principle  of  lapse  as  to  churches  in  lay  patronage, 
were  among  the  reforms  accomplished  by  the  third 
Lateran  Council^  (a.d.  1179-80);  the  decrees  of  which, 
notwithstanding  the  difficulty  which  Anselm  had  en- 
countered, were  not  long  afterwards  received  ^  in  England, 
as  in  other  parts  of  Western  Christendom.  Until  then,  if 
upon  a  vacancy  taking  place  in  any  manorial  parish  church, 
upon  the  estate  and  in  the  patronage  of  a  private  landowner, 
it  was  not  filled  up,  the  bishop  could  neither  make  nor 
compel  an  appointment,  and  the  parish  might  remain 
indefinitely  without  a  minister.  As  long  as  that  state  of 
things  continued,  the  patron  had,  in  practice,  upon  every 
vacancy,  large  powers  (whether  recognised  as  canonically 
legitimate  or  not)  over  the  church  and  its  endowments;  and 
it  was  not  until  the  necessity  for  episcopal  institution,  and 
the  right  of  the  bishop  to  supply  a  vacancy  in  such  a  church 
after  a  certain  delay,  had  become  settled,  that  the  modern 
parochial  system  was  fully  established. 

From  the  first,  however,  bishops,  when  requested  to  con- 
secrate churches  upon  private  landowners'  estates,  were 
able  to  require,  and  according  to  general  canonical  usage 
did  in  practice  require,  such  conditions  as  were  usual  and 
reasonable.  The  compliance  of  the  founder  with  those 
conditions  was,  of  course,  voluntary ;  the  whole  operation 
originated  in  his  will  to  erect  the  church,  and  to  seek  its 
consecration  :  he  doubtless  knew  beforehand,  according  to 
the  practice  of  each  age,  what  the  bishop  would  be  likely 
to  require,  and  determined  to  meet  those  requirements,  by 
endowment  and  otherwise,  as  far  as  his  means  would  allow. 
Two  minds,  therefore,  that  of  the  founder  and  that  of  the 

1  See  Selden,  Hist,  of  Tithes,  ch.  12,  §  5,  pp.  388,  389.         2  /^^^ 


298  ANCIENT  FACTS  AND  FICTIONS  part  ii 

bishop,  had  to  concur ;  there  was  no  external  compulsion 
operating  upon  either  of  them. 

In  ecclesiastical,  as  in  other  affairs,  every  innovation 
upon  customary  rights  or  interests  is  regarded  with  jealousy 
by  those  whose  power  it  tends  to  diminish.  The  displace- 
ment, therefore,  of  the  rights  or  claims  of  monastic  and 
other  public  churches,  by  admitting  other  churches  to  par- 
ticipation in  the  like  status  and  privileges,  in  a  greater  or 
less  degree,  was  not  likely  to  be  regarded  with  favour  by 
ecclesiastical  authority,  when  in  monastic  hands.  But,  as 
the  benefits  which  it  was  capable  of  conferring  upon  the 
common  people,  in  country  districts  especially,  made  them- 
selves more  and  more  felt,  bishops  who  understood  their 
duty  became  more  favourably  disposed  towards  it ;  and, 
after  it  had  reached  a  certain  point  of  development,  they, 
and  other  ecclesiastical  corporations,  themselves  built  and 
endowed  churches,  and  constituted  parishes  of  the  new  sort, 
upon  their  own  ecclesiastical  estates,^  retaining  in  their 
hands  the  appointment  of  the  priests  of  those  churches. 
By  these  natural  steps  the  system,  after  it  had  once  been 
set  on  foot  and  recognised  by  law,  had  a  tendency  to 
become,  and  did  by  degrees  become,  universal. 

This  process,  which  (in  England)  probably  began  in  the 
tenth,  was  an  accomplished  fact  by  the  end  of  the  twelfth 
century  ;  but  to  trace  its  progress  during  that  interval,  from 
historical  records,  is  not  easy. 

§  3.   Canute  s  Letter^  and  ^  Ecclesiastical  Institutes.^ 

The  use  of  the  word  ^parochia^  in  the  letter,^  already 
mentioned,  which  Canute  wrote  from  Rome  to  his  arch- 

1  Selden,  Hist,  of  Tithes,  ch.  9,  §  4  (ed.  1618),  pp.  260,  261. 

2  Florence,  sub  anno  103 1 :  ^  Nunc  igitur  prcecipio,  et  obtestor  omnes 
meos  Episcopos  et  regni  prapositos,  per  fidem  quam  Deo  et  mihi  debetis. 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         299 

bishops  and  bishops,  has  by  some  been  understood  of 
modern  parishes.  It  is  used,  however,  only  as  to  '■church- 
scot^^  which  was  to  be  paid  *  to  the  church  in  whose  parish 
each  man  hves'  {ad  ecclesiam^  sub  cujus  parochia  quisque 
deget).  But  neither  in  any  older  laws,  nor  in  Canute's  own, 
is  there  any  provision  which  authorised  or  contemplated  the 
payment  of  church-scot  to  any  but  the  '  older  minsters,'  or 
mother-churches.  I  conclude,  that  in  this  letter  ^parochia ' 
meant  the  ecclesiastical  district  of  the  old  minster  or 
mother-church,  and  not  a  parish  of  the  modern  kind. 

Bishop  Kennett,^  following  Spelman,^  supposed  the 
document,  to  which  Mr.  Thorpe  has  given  the  title  of 
*  Ecclesiastical  Institutes,'  to  be  a  collection  of  'Saxon 
canons;'  and  he  quoted  from  it  this  passage,  as  bearing 
upon  the  history  of  the  parochial  system  in  England  : 

*  Let  no  mass-priest  entice  any  man  from  the  parish  of 
another  church  to  his  church,  nor  instruct  any  one  from 
another  priest's  district  to  attend  his  church  and  give  him 
their  tithe  and  the  offerings  which  they  ought  to  give  to  the 
other ;  but  let  every  one  be  content  with  that  which  comes  to 
him  from  his  church,  and  thank  God  for  it.'^ 

There  are  other  articles,*  following  this  in  the  same 
document,  which  it  would  be  material  to  consider,  if  the 
quaienus  faciatis^  ut  antequam  ego  Angliam  veniam  omnia  debita  qua 
Deo  secundum  legem  antiquam  debemus  sint  persoluta ;  scilicet  eleemo- 
syncB  pro  aratris,  et  decimce  animalium  ipsius  anni  procreatorupi,  et 
denarii  qtios  Romcz  ad  sanctum  Petrum  debejnusy  sive  ex  urbibus,  sive 
ex  villis  ;  et  mediante  Augusta  decimce  frugum  ;  et  in  festivitate  Sancti 
Martini  primitice  seminum  ad  ecclesiam  sub  cujus  parochia  quisque 
deget i  quce  Anglice  ciricsceat  nominantttr.' 

1  Case  of  Impropriations,  etc.  (1704),  p.  12,  and  note,  ibid. 

2  Concil.  Anglic,  vol.  i.  p.  593. 

^  See  Thorpe,  Ancient  Laws,  vol.  ii.  p.  411  (art.  14),  and  Johnson's 
Laws  ajtd  Canons  (ed.  1850),  vol.  i.  p.  459. 

*  Arts.  15,  16,  17  (Thorpe,  Ancient  Laws,  vol.  ii.  p.  413) ;  John- 
son, ubi  supra,  p.  460. 


300  ANCIENT  FACTS  AND  FICTIONS  paht  ii 

document  had  been  of  the  nature  which  Bishop  Kennett 
supposed.  Mr.  Johnson,  who  better  understood  its  nature, 
and  who  in  his  translation  did  not  use  (as  Mr.  Thorpe 
does)  the  words  ^ parish^  or  ^ parishioners^'^  drew  from  the 
article  itself  a  different  inference.  The  word  for  '  priest's 
district '  in  the  Anglo-Saxon  text  is  ^ preost-scyre ' — {pries fs 
shire ) — on  which  Mr.  Johnson ^  observed  : 

'  By  this  it  is  evident,  that  bounds  of  parishes  were  not  yet 
settled  by  law  or  established  by  custom ;  and,  as  the  diocese 
was  then  called  the  bishop's  shire^  so  the  houses  and  vills  next 
adjacent  to  a  little  church  were  called  the  priest's  shire.  Just 
before,  this  shire  is  called  hyrnysse? 

Whatever  interest  the  proper  interpretation  of  that  docu- 
ment may  have,  it  belongs  really  to  the  history  of  the  Galil- 
ean Church  in  the  ninth,  and  not  of  the  English  Church  in 
the  tenth  or  eleventh  century.  So  far  from  being  a  collec- 
tion of  '  Saxon  canons,'  it  is  in  fact  (as  has  been  elsewhere 
stated)  an  Anglo-Saxon  translation — supposed  to  be  by 
Aelfric — from  a  work  written  for  the  diocese  of  Orleans  by 
its  bishop,  Theodulph,^  in  the  first  half  of  the  ninth  century ; 
and  there  is  no  evidence  whatever,  nor  any  ground  for 
believing,  that  it  ever  had  any  authority  in  England  greater 
than  might  belong  to  any  other  work  of  an  eminent  Frank 
divine  of  that  period. 

§  4.  Laws  of  Edward  the  Confessor. 

In  the  preface  to  all  the  manuscripts  which  contain  the 
compilation  called  the  Laws  of  Edward  the  Confessor,^  it  is 

^  The  word  ^parishioners '  occurs  frequently  in  Mr.  Thorpe's  trans- 
lation (see  articles  25-29),  Ancient  Lawsy  vol.  ii.  pp.  423-425. 
^  Johnson's  Laws  and  Canons,  vol.  i.  (ed.  1850),  p.  460. 
'  Ibid.,  pp.  450,  452,  note. 
*  Thorpe,  Ancient  Laws^  vol.  i.  p.  442. 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         301 

represented  as  a  report  made  to  William  the  Conqueror  by 
a  sworn  jury  of  twelve,  chosen  out  of  a  body  of  English 
noblemen  and  men  learned  in  Anglo-Saxon  law,  returned 
from  all  the  counties  of  England,  under  a  commission 
issued  by  William  in  the  fourth  year  of  his  reign,  that  he 
might  'hear  from  themselves  what  their  customs  were, 
without  omission,  addition,  or  change.' 

This,  if  authentic,  and  if  its  contents  had  corresponded 
to  the  supposed  commission,  would  be  a  document  of  great 
interest.  But  nothing  can  be  more  remote  than  it  is  from 
the  character  which  the  preface  claims  for  it. 

It  contains  altogether  thirty-three  articles,  some  of  them 
statements  of  laws  or  customs ;  some  historical,  and  of  later 
date  than  the  Conqueror's  time ;  which  are  interjected  in  a 
very  extraordinary  manner. 

The  first  place  is  given  to  ecclesiastical  subjects ;  and 
among  these  it  is  noticeable,  that  the  joint  jurisdiction 
of  civil  and  ecclesiastical  judges,  sitting  together  in  one 
court  (as  provided  by  the  laws  of  Edgar  ^  and  Canute),^  is 
affirmed.^  Two  articles  relate  to  tithes;*  of  which  (not 
praedial  only,  but  personal),  the  payment  to  '  Holy  Church ' 
is  in  general  terms  prescribed,  with  an  enumeration  in  detail 
of  titheable  matters;  but  without  mention  or  indication  of 
the  churches  entitled  to  receive  them  : 

'  Let  any  one '  (it  is  said)  '  who  shall  have  kept  them  back 
be  compelled  to  payment,  if  necessary,  by  the  justice  of  the 
Church  and  the  king.  These  things  St.  Augustin  preached, 
and  these  were  granted  by  the  king,  and  confirmed  by  the 

^  Art.  5  of  Edgar's  Secular  Ordinance  (Thorpe,  Attcient  Laws,  vol. 
i.  p.  269). 

2  Art.  18  of  Canute's  Secular  Ordinances  {ibid.,  p.  387). 

^  Arts.  3  and  9  of  Leges  Regis  Edwardi  Confessoris  {ibid. ,  pp.  443 
445).  *  Arts.  7,  8  (ibid.,  p.  445). 


302  ANCIENT  FACTS  AND  FICTIONS  part  ii 

barons  and  people.  But  afterwards,  by  the  instigation  of  the 
devil,  many  kept  them  back;  and  those  priests  who  were 
rich  were  not  very  careful  in  looking  after  them  {non  mulHim 
ctiriosi  erant  ad  perquire7idas  cas),  because  in  many  places 
there  are  now  four  or  three  churches,  where  there  was  then  but 
one,  and  so  they  began  to  suffer  diminution '  {quia  in  multis 
locis  sunt  modo  iiii  vel  iii  ecdesicE^  ubi  tunc  temporis  non  erat 
nisi  una;  et  sic  inceperunt  minuz). 

This  passage  might,  by  implication,  afford  light  as  to 
the  progress  of  the  parochial  system,  if  the  time  of  which  it 
speaks  were  ascertained.  But  the  clause  as  to  Danegeld,^ 
which  follows  soon  afterwards,  speaks  of  a  time  later  than 
the  Conqueror,  and  was  probably  not  written  earlier  than 
the  reign  of  Henry  I.,  if  so  soon. 

'  From  this  Danegeld '  (it  says)  '  all  land  was  free,  which 
was  the  property,  or  held  under  the  lordship  of  churches  {qucB 
de  ecclesiis  propria  et  dominica  erat)  ;  also  that  held  of  parish 
churches  thereto  (?)  belonging  {etiam  de  ecclesiis  parochiarum 
ad  idem  pertinentibus)  \  and  they  paid  nothing  for  its  redemp- 
tion, because  they  placed  more  trust  in  the  prayers  of  the 
Church  than  in  the  defence  of  arms.  And  this  liberty  had 
Holy  Church  even  to  the  time  of  William  the  youfiger,  who 
sought  aid  fro fn  the  barons  of  the  whole  cou?ttry  for  keeping 
Normandy  from  his  brother  Robert  when  he  wefit  to  ferusalem^ 
and  they  granted  him  four  shillings  (solidos)/^^;;^  every  plough- 
lana^  7tot  excepting  Holy  Church;  which  collection  beiftg  inade^ 
the  Church  cried  out^  demanding  back  her  liberty^  but  without 
success! 

Among  the  secular  articles  (twenty-two  of  which  follow 

the  ecclesiastical)  is  one  as  to   the  royal  power,^  which 

no  one  can  believe  to  have  been  delivered  as  law  by  any 

representatives  of  his  Anglo-Saxon  subjects  to  William  the 

Conqueror.     As  characteristic  of  the  compilation,  though 

not  directly  germane  to  my  subject,  I  extract  it : 

^  Art.  1 1  (Thorpe,  Ancient  LaivSy  vol.  i.  p.  446). 
»  Art.  17  {ibid.,  p.  449). 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM 


303 


'The  king,  who  is  the  vicar  of  the  Supreme  King,  is 
appointed  to  this  end,  that  he  may  govern  and  defend  from 
wrong-doers  the  kingdom  and  people  of  the  Lord,  and,  above 
all.  Holy  Church,  and  may  destroy  and  root  out  criminals. 
If  he  do  not  this,  he  loses  the  name  of  king,  as  was  de- 
clared by  Pope  John,i  to  whom  Pepin  and  his  son  Charles, 
when  they  were  not  yet  kings  or  princes,  but  under  a  foolish 
Frank  king,  wrote  inquiring,  "Whether  the  kings  of  the 
Franks  ought  so  to  remain  content  with  the  mere  name  of 
king  ? "  Who  answered,  "  It  is  fit  that  those  should  be  called 
kings  who  vigilantly  defend  and  govern  the  Church  of  God  and 
His  people  after  the  example  of  the  Psalmist  King,  who  said, 
'  He  who  doeth  proud  things  shall  not  dwell  in  my  house,'"  etc' 

After  the  thirty-third  article  (and  before  the  last  four, 
which  are  criminal  and  mercantile  laws),  comes  the  inter- 
jected historical  matter.  ^  This  begins  with  a  statement 
that  King  William,  on  hearing  the  preceding  'and  other 
laws  concerning  the  realm,'  '  highly  appreciated '  it  {inaxinie 
appreciatus  est  earn),  and  wished  it  to  be  observed  through- 
out the  kingdom ;  first,  however,  expressing  a  preference 
for  the  Norman  law  '  as  deeper  and  more  excellent '  {pro- 
fundior  et  honestm-)  'than  all  others — that  is,  than  all  the 
laws  of  the  Britons,  English,  and  Picts.'  But  he  yielded  to 
the  entreaties  of  the  natives  of  the  land  who  declared  to 
him  these  laws  {pmnes  compatriotce  qui  leges  narraverunt), 
and  who  prayed  him  to  allow  them  to  be  observed,  'for 
the  sake  of  the  soul  of  King  Edward,  who  had  granted 
him  the  kingdom,  and  whose  laws  these  were,  and  not  of 
any  strangers.  At  last  he  acquiesced  in  the  counsel  and 
prayer  of  the  barons,  and  so  were  authorised  {aucforizatcB) 
the  laws  of  King  Edward,  which  were  devised  and  ordained 

^  The  Pope  of  whom  this  is  related  by  historians  is  Zacharias,  not 
John. 

2  Arts.  34,  35  (Thorpe,  Ancient  Laws,  vol.  i.  pp.  458-460). 


304.  ANCIENT  FACTS  AND  FICTIONS  part  ii 

previously  in  the  time  of  King  Edgar  his  grandfather,  but 
after  his  death  were  set  aside  for  sixty-eight  years.'  ^ 

Then  follows  an  account  of  the  succession  of  kings  and 
the  duration  of  their  reigns,  from  Edward  the  Martyr  to  the 
death  of  Hardiknute ;  '  so  completing  the  sixty-eight  years 
during  which  the  laws  were  set  aside.' 

*  But  after  King  Edward  came  to  the  kingdom  he,  by  the 
counsel  of  the  barons  of  the  realm,  made  them  restore  and 
confirm  the  law  so  disused,  because  it  seemed  to  them  good, 
and  because  his  grandfather  had  ordained  it ;  and  so  it  was 
called  the  law  of  King  Edward,  which  had  been  before  set 
aside  from  the  death  of  Edgar  his  grandfather  till  his  own 
time.' 

Then  comes  another  historical  chapter ;  explaining  why 
the  Confessor  had  not  chosen  Edgar  Atheling  for  his 
successor,  but  had  'adopted  William,  Duke  of  the  Normans, 
son  of  his  uncle  Robert,  who  afterwards,  by  God's  help, 
conquered  his  right  in  war  against  Harold.' 

The  whole  ends  (in  two  of  the  three  extant  manuscript 
copies)  with  this  note  :^ 

'Here  end  the  laws  of  Edward,  first  devised  by  Edgar 
his  grandfather,  and  confirmed  by  William  the  Conqueror  of 
England,  and  previously  approved  in  King  Cnuto's  time.' 

It  must  be  added,  that  very  little  of  the  matter  included 
in  this  compilation  is  contained  in  the  laws  of  Edgar,  nor 
is  much  of  it  in  those  of  Canute.  In  the  form  in  which  it 
stands  it  is  apocryphal,  and  not  to  be  relied  on  for  any 
historical  purpose. 

§  5.  Laws  of  the  Conqueror. 
The  laws  of  William  the  Conqueror  himself  ^  have  a 

1  Including  in  those  sixty-eight  years  the  reign  of  Canute. 
*  Thorpe,  Ancient  Laws,  vol.  i.  p.  462.  *  Ibid.,  p.  467. 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         305 

title  prefixed  to  them,  which,  if  properly  so  applied,  tends 
still  further  to  stamp  the  collection  just  mentioned  as 
spurious,  viz. — 

*  These  are  the  laws  and  customs  which  King  William, 
after  his  conquest  of  England,  granted  to  be  observed  by  all 
the  people  of  the  English,  being  the  same  which  his  prede- 
cessor and  kinsman.  King  Edward,  observed  in  the  realm  of 
the  English.' 

These  laws,  of  which  there  seems  no  reason  to  doubt 
the  authenticity  (most  of  them  taken  from  those  of  Canute 
and  earlier  kings),  are  different  from  the  preceding.  They 
contain  no  ecclesiastical  matter,  except  one  article,^  repeat- 
ing with  some  variation  that  law  of  Canute  which  imposed 
graduated  penalties  for  the  violation  of  the  privileges  of 
churches,  according  to  their  rank  \  and  another,^  for  the 
payment  of  Peter's  pence.  The  former  makes  the  forfeiture, 
if  the  church  violated  is  a  cathedral,  or  a  monastery,  or 
other  religious  house  {cenobium  vel  qucecunque  reltgiosoi'um 
ecclesid)^  100  shillings  {solidos) ;  if  *a  mother  parish  church' 
(^matrix  ecclesia  parochialis\  20  shiUings ;  if  a  chapel,  10 
shillings.  The  '  mother  parish  church '  must  here  be  one 
of  lower  degree  than  cathedrals  and  monastic  or  conventual 
churches.  It  can  only  be  the  church,  with  a  burial-ground, 
of  Edgar's  laws ;  and  the  title  assigned  to  it  (from  its 
relation,  presumably,  to  chapels  which  might  be  dependent 
upon  it)  marks  the  progress  of  tlie  parochial  system. 

That  we  have  here  really  those  '  laws  of  the  Confessor,' 
which  William  confirmed  (as  the  title  says),  is  rendered 
probable  by  a  later  statute^  of  his  own,  containing  this 
clause :  * 

^  Art.  I  (Thorpe,  Ancient  Laws,  vol.  1.  p.  467), 
2  Alt.  17  [ibid.,  p.  475).        3  jiyij^^  pp^  491-494.        ^  Ibid.,  p.  493. 
X 


3o6  ANCIENT  FACTS  AND  FICTIONS  part  ii 

*  This  also  we  enjoin,  that  all  men  hold  and  observe  in  all 
things  the  laws  of  King  Edward,  with  these  additions  which 
we  have  ordained  for  the  benefit  of  the  English.' 

In  addition  to  these  laws,  William,  by  his  well-known 
charter  of  jurisdiction  ^  (probably  in  the  year  a.d.  1072), 
separated  the  ecclesiastical  from  the  civil  courts ;  and 
required  all  spiritual  causes  to  be  thenceforth  brought 
before  the  bishop  or  his  officials  only. 


§  6.  Laws  ascribed  to  Henry  I, 

Into  a  criticism  of  the  compilation  called  '  The  Laws  of 
Henry  the  First,'  ^  or  into  the  proof  that  it  does  not,  and 
cannot,  represent  any  body  of  Anglo-Saxon  laws  enacted 
or  confirmed  by  Henry  I.,  it  would  be  superfluous  to  enter; 
as  this  has  been  adequately  done  by  the  late  learned  Dr. 
Allen,  in  his  *  Notes,' ^  appended  to  it  in  Mr.  Thorpe's 
Ancient  Laws.  The  clauses  *  of  its  seventh  chapter,  provid- 
ing that  in  the  county  courts  '  the  causes  Christian '  should 
be  first  heard,  then  the  pleas  of  the  Crown,  and  last,  civil 
actions ;  and  of  the  thirty-first  chapter,  that  *  there  ought 
to  be  present  in  the  county  court,  the  bishops,  counts,  and 
other  high  officers,  who  should  after  just  consideration 
determine  God's  laws  and  secular  affairs'  {interesse  comi- 
tatui  debent  episcopi^  comites^  et  cetercB  potestates,  quce  Dei 
leges  et  sceculi  negotia  justa  consideratione  diffiniant), — are 
evident  anachronisms,  bringing  back  the  mixed  ecclesias- 
tical and  civil  jurisdiction  of  Edgar  and  Canute,  and  ignor- 
ing the  Conqueror's  charter. 

^  Thorpe,  Aiuient  Laws,  vol.  i.  p.  495  (see  Defence  of  the  Churchy 
etc.,  3d  ed.,  p.  II,  and  note,  ibid.)  ^  Ibid.,  pp.  497-608. 

'  Ibid.,  pp.  609-631  (and  see  Mr.  Thorpe's  preface,  p.  xviii.) 
^  Ch.  7,  §  3,  and  ch.  31,  §  3  {ibid.,  pp.  514,  534). 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         307 

In  the  eleventh  ^  chapter  of  this  digest  of  laws  and  rules 
of  procedure  and  forensic  practice  (for  that  is  its  real  char- 
acter), the  compulsory  provisions  of  the  laws  of  Edgar  and 
Canute,  for  taking  tithes  by  civil  process,  and  forfeiting 
eight-tenths  of  the  gross  produce  of  the  land  against  which 
that  remedy  might  be  put  in  force,  half  to  the  lord,  and 
half  to  the  bishop,  are  exactly  repeated. 

In  its  clauses  which  relate  to  offences  ^  by  the  clergy,  and 
their  privileges  ^  (of  which  there  are  several),  I  find  nothing 
which  throws  any  light  upon  the  development  of  the  paro- 
chial system. 

§  7.  Endowments  of  pans h  churches  with  Tithes. 

The  course  of  our  inquiry  has  brought  us  down  to  the 
twelfth  century  without  elucidating,  any  further  than  was 
done  by  the  laws  of  Edgar  and  Canute,  the  origin  of  those 
endowments  of  modern  parish  churches  (not  appropriated 
to  monasteries)  with  tithes,  which  by  the  end  of  that 
century  had  become  so  general,  as  to  establish  in  church 
law — followed  and  allowed  by  the  temporal  law — a  general 
presumption,  that  every  parish  church,  in  the  absence  of 
proof  to  the  contrary,  was  endowed  with  its  own  tithes. 
There  was  certainly  no  such  general  appropriation  of  tithes 
to  parish  churches  made  by  any  law  ever  enacted  in  Eng- 
land :  for  the  laws  of  Edgar  and  Canute,  which  made  the 
nearest  approach  to  such  an  enactment,  gave  to  certain 
churches  on  private  estates,  and  in  private  patronage,  one- 
third  only  of  the  local  tithes.  The  question  is,  how  did 
that  third  pass  into  the  whole  ?  There  is  not,  as  far  as  I 
know,  so  much  even  as  a  canon  of  any  council,  or  a  decree 

^  Ch.  II,  §  2  (Thorpe,  Ancient  Laws,  vol.  i.  p.  520). 

2  Ch.  64,  73  {ibid.,  pp.  566,  567,  578).         3  Ch.  66  {ibid.,  p.  569). 


3o8  ANCIENT  FACTS  AND  FICTIONS  part  ii 

of  any  Pope,  in  the  nature  of  a  legislative  act,  enlarging  the 
right,  or  appropriating  tithes  generally  to  parish  churches, 
in  England  or  elsewhere. 

The  explanation  of  Selden,^  and  of  most  English 
common  lawyers,^  has  been,  that  until  the  third  Council 
of  Lateran  (a.d.  1179-80),  the  lords  or  owners  of  the 
lands  from  which  prsedial  tithes  arose  might  dispose  of  them 
as  they  pleased,  provided  that  they  did  so,  in  one  way  or 
other,  for  ecclesiastical  purposes;  and  that,  out  of  this 
power,  all  the  endowments,  both  of  monasteries  and  of 
parish  churches,  with  tithes,  which  took  place  between  the 
tenth  and  the  thirteenth  centuries,  arose.  Selden  styled 
those  endowments  ''arbitrary  consecrations^  Ecclesiastical 
controversialists  of  his  day,  and  for  some  time  afterwards, 
to  whom  such  a  view  of  the  facts  seemed  repugnant  to  that 
doctrine  of  the  divine  right  of  tithes,  which  (with  or  without 
modification)  they  generally  maintained,  assailed  it  with 
vehemence.  Dean  Comber^  called  it  Mr.  Selden's  'new 
device  of  arbitrary  consecrations.'  Dean  Prideaux*  (who 
arrived  at  the  same  point  by  reliance  on  divine  precedent, 
rather  than  divine  commandment)  called  it  Mr.  Selden's 
*  wild  chimera,'  '  wild  conceit,'  and  by  other  hard  names. 
Bishop  Kennett's  language  was  at  least  equally  strong.^ 
As,  however,  the  institution  of  parishes  and  parish  priests 
was  not  coeval  either  with  the  foundation  of  the  Church, 
in  England  or  elsewhere,  or  with  the  practice  of  paying 
tithes  to  the  Church,  the  general  parochial  right  is  a  thing 

1  Hist,  of  Tithes,  ch.  7,  §  i,  and  ch.  11,  §  i  (ed.  1618,  pp.  142,  297). 

2  Blackstone's  Commentaries,  vol.  i.  p.  112;  Cruise's  Digest^  tit. 
xxii.  ;   Tithes,  §  53  ;  and  see  Coke,  ind  Institute,  p.  641. 

^  An  Historical  Vindication  of  the  Divine  Right  of  Tithes ^  by  Thos. 
Comber,  D.D.  (1682),  p.  104. 

*  Original  and  Right  of  Tithes^  published  a.d.  1707  (2nd  ed.  1736, 
pp.  138-192).  *  See  Appendix  J. 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         309 

to  be  historically  accounted  for ;  no  theory  of  divine  right, 
or  inference  from  divine  precedent,  could  be  sufficient  to 
account  for  it. 

Selden  may  have  been  the  author  of  the  phrase 
'  arbitrary  co?isecration '/  but  the  view  of  historical  facts 
which  he  used  it  to  describe  was  no  '  new  device,'  no 
'  chimera,'  or  *  conceit '  of  his.  That  laymen  did  in  fact, 
upon  the  continent  of  Europe,  make  many  '  arbitrary ' 
appropriations  of  tithes,  some  to  religious  houses,  some  to 
themselves  and  other  laymen,  is  proved  by  the  protests 
and  denunciations  of  Popes  and  other  ecclesiastical 
authorities  who  disapproved  of  it ;  and  that,  until  the 
third  Lateran  Council,  those  protests  and  denunciations  were 
ineffectual  to  set  aside  or  nullify  what  was  so  done,  is  equally 
clear;  because  Pope  Urban  11.,^  while  making  a  decree 
against  the  future  creation  of  new  titles  of  the  same  kind 
without  the  bishop's  consent,  found  it  necessary,  *  for  the 
sake  of  peace,  and  to  avoid  scandal,'  to  confirm  all  such 
titles  previously  acquired,  whether  from  clerks  or  monks, 
or  from  other  persons.  If  the  Church  of  Rome  said  of 
those  'arbitrary'  appropriations,  ''fieri  non  debent^  she  found 
herself  compelled  also  to  say  of  them,  ^  facta  valenV 

The  authorities,  in  this  country,  for  the  proposition  of 
fact  (as  to  the  period  before  the  third  Lateran  Council), 
on  which  the  views  of  Selden  and  those  who  followed  him 
rest,  are  too  ancient,  and  of  too  much  weight,  to  be  set 
aside  by  merely  imputing  ignorance  of  ecclesiastical  matters 
to  common  lawyers.     I  may  mention  some  of  them. 

T.  In  the  Chronicle  of  Battel  Abbey?  which  extends 
from  the  foundation  of  that  abbey  in  a.d.  1066  to  a.d. 

1  Ante^  p.  67. 

2  Chronicle  of  Battel  Abbey  from  1066  to  1176  (transl.  by  M.  A. 
Lower,  London  1851),  p.  21. 


310  ANCIENT  FACTS  AND  FICTIONS  part  ii 

1 1 7  6,  and  was  written  by  an  abbot  or  monk  of  that  house 
about  the  time  of  the  latest  entries  in  it,  there  is  this 
statement : 

*  As  it  was  permitted  up  to  that  time  {i.e.  the  time  of  the 
Conquest,  when  the  abbey  was  founded),  for  every  one  to  pay 
his  tithes  where ^  or  to  whomsoever  he  would,  many  of  those 
who  resided  in  the  neighbourhood  assigned  theirs  to  the 
abbey  in  perpetuity;  and  these,  being  confirmed  by  episcopal 
authority,  remain  payable  to  the  abbey  until  this  day.' 

2.  Two  writs  of  prohibition  from  the  king's  court  to 
ecclesiastical  courts  (in  cases  involving,  not  the  subtraction 
of  tithes,  but  the  title  to  them),  are  cited  by  Selden,  one 
of  the  reign  of  King  John,  or  Henry  III.,^  the  other 
of  A.D.  1279,  the  seventh  year  of  King  Edward  I.^ 
In  both  these  (judicial  forms  of  that  time)  it  is  averred, 
that,  'in  certain  of  our  demesnes,  we'  (the  king)  'have 
power  to  grant  such  tithes,  and  in  like  manner  many  of 
the  great  men  of  our  kingdom  in  their  demesnes.^  It  is 
no  objection  to  the  authority  of  those  writs,  as  evidence 
of  early  practice,  that  they  were  issued  after  the  third 
Lateran  Council.  The  old  forms  continued  to  be  used, 
though  new  grants  of  the  same  kind  might  be  no  longer 
possible. 

3.  Sir  Robert  Parnynge,^  Chief  Justice  in  a.d.  1340 
(afterwards  Lord  Treasurer  and  Chancellor),  said  from 
the  bench  in  a.d.  1333  or  1334,  that  'anciently,  before 
a  new  constitution  made  by  the  Pope,  a  patron  of  a 
church  might  grant  the  tithes  within  that  parish  to  another 
parish.' 

1  Hist,  of  Tithes,  ch.  11,  §  2  (ed.  1618),  pp.  353-356.  Cited  from 
Fitzherbert's  Natura  Brevium,  40  N. 

^  Ibid.,  p.  357.     Cited  from  a  Cottonian  manuscript. 

8  Year  Book,  7  Edw.  III.,  fol.  5,  pi.  8.     (See  Selden,  Ibid.,  p.  292.) 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         311 

4.  In  A.D.  137 1,  Ludlow/  one  of  King  Edward  III.'s 
Judges  of  Assize,  also  said,  'Anciently  every  man  might 
grant  the  tithes  of  his  land  to  any  church  that  he  pleased.' 

5.  Lyndwode,  the  famous  English  Canonist,  who  was 
Official  Principal  of  the  Provincial  Court  of  Canterbury 
under  Henry  VL,  and  afterwards  Bishop  of  St.  David's, 
said  in  his  '■  Provinciale,  ^  that  before  the  Lateran  Council 
of  A,D.  1 1 79,  a  layman  might  obtain  from  a  church  entitled 
to  tithes  a  grant  of  them,  to  be  held  by  himself  feudally, 
and  might  either  retain  them  or  grant  them,  with  the  con- 
sent of  the  bishop,  to  any  other  monastery  or  church.  I 
raise  no  question  as  to  the  qualifications  expressed  in  this 
passage  :  I  refer  to  it  only  for  the  light  which  it  throws  on 
some  of  the  ways  in  which  parish  churches  might  come  to 
be  endowed  with  tithes. 

One  entire  chapter  ^  of  Selden's  History  of  Tithes  is 
occupied  with  a  series  of  extracts  from  the  chartularies  of 
Abingdon,  Osney,  Guisborough,  Rochester,  Reading,  Can- 
terbury (St.  Augustin's),  Crowland,  Tynemouth,  Boxgrove, 
St.  Neot's,  St.  Leonard's  (Yorkshire),  Battle,  Lewes,  Eye, 
Pershore,  and  other  abbeys  and  priories,  which  prove  con- 
clusively that  lay  benefactors  often  granted  the  praedial 
tithes  of  their  lands  (apart  from  and  without  any  appropria- 
tion of  churches),  in  the  eleventh  and  twelfth  centuries,  to 
those  religious  houses.  If  they  could  do  that,  they  might 
with  equal  right  and  reason  endow  parish  churches  on  their 
own  estates  with  the  praedial  tithes  of  their  lands  within  the 
parishes;  and  the  probability  was  that  they  would  do  so. 
No  more  likely  explanation  of  the  general  prevalence  of 

1  Year  Book,  44  Edw.  III.,  fol.  5,  pi.  22.  (See  Selden,  Hist,  of 
Tithes,  p.  292,  ed.  16 18.) 

2  Title,  ''  De  locate  et  conducto:  {Ibid.,  ch.  13,  §  i,  ed.  16 18, 
p.  4030  ^  Ch.  II. 


312  ANCIENT  FACTS  AND  FICTIONS  fart  ii 

such  parochial  endowments  (where  churches  were  not  appro- 
priated to  monasteries)  has  yet  been  suggested. 

Dean  Comber  ^  and  others,  who  disputed  Selden's  views, 
suggested  that  all  those  lay  grants  of  tithes  to  monasteries 
had  episcopal  confirmation.  This  (if  subsequent  ratifica- 
tion and  confirmation  only  were  meant)  may  generally — 
perhaps  in  all  cases — have  been  true; ^although  there  is  no 
proof  that  the  confirmation  was  always  simultaneous  with 
the  grant ;  on  the  contrary,  it  may  be  inferred,  both  from 
the  terms  of  the  confirmatory  charters,  and  from  what  is 
known  of  the  history  of  monastic  titles  to  tithes  upon  the 
continent  of  Europe,  that  it  was  often  otherwise.  But,  so 
far  as  parochial  endowments  with  tithes  are  concerned,  it  is 
not  necessary  for  their  explanation  to  suppose  them  to  have 
been  'arbitrary,'  in  such  a  sense  as  to  exclude  the  consent 
of  the  bishop,  or  (if  the  effect  was  to  transfer  the  title  to  all, 
or  to  two-thirds,  of  the  tithes  from  a  religious  house  to  a 
parish  church)  the  consent  of  the  religious  corporation  which 
ought,  otherwise,  to  have  received  the  tithes.  Whenever  the 
endowment  with  tithes  took  place  (as  in  by  far  the  greater 
number  of  parish  churches  erected  after  King  Edgar's  time 
it  probably  did),  at  the  time,  and  as  part  of  the  solemnities, 
of  consecration,  the  bishop's  consent  must  necessarily  have 
been  'given.  And  it  is  not  too  much  to  presume  that, 
whenever  a  powerful  landowner  desired  to  enlarge  the  right 
of  a  manorial  parish  church  on  his  land  from  the  one-third 
of  tithes  conceded  to  it  by  King  Edgar's  laws  to  the  whole, 
and  to  change  it  (in  effect)  from  a  vicarage  into  a  rectory, 

1  Comber's  Divine  Kight  of  Tithes  (1682),  cb.  il,  p.  200. 

2  It  was  the  habit  of  the  religious  houses  to  obtain,  whenever  they 
could,  and  from  the  heirs  of  lay  founders  or  benefactors  as  well  as  from 
ecclesiastical  authorities,  charters  of  confirmation,  not  as  to  tithes  only, 
but  also  as  to  lands. 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         313 

he  might  be  able,  by  influence  or  by  gifts,  to  obtain  from 
the  'older  minster' — the  bishop  concurring — a  relinquish- 
ment of  its  claim.  It  must  be  remembered,  as  to  new 
churches,  that  the  erection,  consecration,  and  endowment 
of  every  one  of  them  (the  endowment  being,  as  a  rule, 
simultaneous  with  the  consecration)  was  a  distinct  and 
separate  act  in  each  particular  case. 
Dean  Prideaux  ^  asked  : 

*  Had  the  right  of  tithes  here  grown  up  from  such  arbitrary 
consecrations  as  Mr.  Selden  asserts,  why  among  all  his 
instances  doth  he  not  bring  so  much  as  one,  of  such  a  con- 
secration of  tithes  in  a  parish  made  to  the  parish  church  ?  Is 
it  likely  that  those  who  had  such  tithes  in  their  power  arbi- 
trarily to  consecrate  should  give  them  all  from  their  parish 
church,  and  none  to  it  ? '  And  he  added,  '  It  seems  most 
likely  that  their  first  inclination  should  be  to  their  own  church, 
where  they  attended  divine  service,  and  received  the  sacra- 
ments. And  therefore,  had  the  civil  right  of  tithes  come  this 
way  into  the  church,  there  must  have  been  some  instances  of 
the  consecration  of  them  to  the  parish  church,  where  they 
arose,  as  well  as  to  other  churches  out  of  the  parish  ;  and 
would  Mr.  Selden  have  brought  but  one  such  instance,  it  would 
have  made  more  for  his  purpose  than  all  the  rest  put  together. 
And  certainly  such  he  would  have  brought,  were  there  any 
such  to  be  found ;  and  since  there  can  none  such  be  found, 
it  is  a  sufficient  proof  that  there  were  never  any  such,  but  that 
all  parochial  tithes  were  from  the  time  of  King  Ethelwulf  due 
of  common  right  to  the  parish  church.' 

Of  King  Ethelwulf,  and  his  supposed  grant  of  tithes, 
enough  has  been  said  elsewhere.  Upon  Selden's  word 
'  arbitrary '  (if  it  is  assumed  to  mean  that  all  grants  of  tithes 
made  by  laymen  were  against  or  without  the  bishop's  con- 
sent), I  lay  no  stress  for  the  present  purpose.  But  Dean 
Prideaux  was  under  the  impression  that  the  local  tithes 

^  Original  and  Right  of  Tithes  (ed.  1736),  p.  195. 


314  ANCIENT  FACTS  AND  FICTIONS  part  ii 

were  appropriated  to  parish  churches  by  some  general  law, 
and  not  by  express  and  particular  endowments,  at  the  times 
of  their  consecration,  or  otherwise.  In  this  he  was  certainly 
mistaken.  The  deeds  of  consecration  and  endowment  of 
ancient  parish  churches  have  not  often  been  preserved; 
but  instances  enough  remain  to  prove  what  the  course  of 
practice  was,  although  Selden  may  not  have  cited  them. 

The  practice  of  the  Gallican  Churches  in  this  respect  is 
likely  (at  least  after  the  middle  of  the  tenth  century)  to 
have  been  known  and  followed  here.  Among  the  *  Forms ' 
of  Marculfus,  there  is  one  ^  which  exemplifies  the  practice  of 
the  Gallican  Church,  at  the  beginning  of  the  ninth  century, 
as  to  churches  founded  and  endowed  by  bishops.  It  is 
a  deed  of  consecration  and  endowment  of  a  church  at 
Cadillac,  in  the  south  of  France,  made  with  the  consent  of 
the  episcopal  chapter.  It  recites  that  the  Bishop  had  built 
the  church,  and  had  appointed  it  to  be  the  church  of  certain 
specified  .townships,  to  which  the  inhabitants  of  those  town- 
ships were  to  go  for  masses,  baptism,  and  preaching,  and 
that  they  should  pay  their  tithes  to  that  church ;  and  he  at 
the  same  time  endowed  it  with  a  manse,  and  with  part  of  a 
vineyard,  and  certain  arable  land. 

Of  consecration  deeds  in  this  country,  in  which  the 
endowment  of  the  churches  consecrated  by  lay  founders  is 
recorded,  one  example  was  made  public  in  Sir  William 
Dugdale's  History  of  Warwickshire,^  and  another  by  Bishop 
Kennett,  in  the  Appendix  to  his  Case  of  Impropriations.^ 

^  Form  II  (Baluze,  Capit.  Reg.  Franc.  ^  vol.  ii.  p.  442). 

^  Hist,  of  Warwickshire  (1656),  p.  630. 

^  Case  of  Impropriations,  etc.  (1704),  Appendix,  p.  34  ;  also  in 
Cartularium  Prioratus  S.  fohannis  Evangelistce  de  Brecon  (London 
1884).  Both  these  charters  are  translated  in  an  Appendix  to  Defence  of 
the  Churchy  etc.  (3rd  ed.)  pp.  357-360;  where  the  later  history  of  the 
Church  of  Hay  is  also  stated. 


CHAP.  X     SETTLEMENT  OF  PAROCHIAL  SYSTEM         315 

Both  instances  belong  to  the  first  half  of  the  twelfth  century; 
one  to  the  diocese  of  Worcester,  the  other  to  that  of  St. 
David's.  The  consecrating  bishop  in  the  one  case  was 
Simon,  Bishop  of  Worcester  from  a.d.  1125  to  1151;  the 
church  was  that  of  Exhall  in  Warwickshire.  By  that  deed, 
the  bishop  confirmed  the  endowment  {donationem)  made  to 
the  church  on  the  day  of  its  consecration,  by  lay  benefactors, 
there  named:  the  endowments  being  certain  quantities  of 
land,  with  all  the  donors'  tithes  of  every  kind  {cum  declmls 
suls  plenarlls\  freed  and  acquitted  from  all  secular  service. 
In  the  other  case,  the  consecration  was  by  Bernard,  the 
first  Norman  Bishop  of  St.  David's;  and  the  deed,  being 
attested  by  a  witness  described  as  'clerk  of  King  Henry,' 
must  have  been  executed  before  the  death  of  Henry  I.,  in 
A.D.  1 135.  The  church  consecrated  in  that  case  was  for  the 
parish  of  Hay,  in  Brecknockshire ;  and  the  deed  witnesses, 
that  at  the  time  of  its  consecration  the  lay  founder  (who 
is  named),  with  the  permission  of  his  superior  lord  (also 
named,  and  then  present)  'gave  and  granted  in  perpetual 
alms,  for  the  endowment  (do tern)  of  the  said  church,'  certain 
lands  therein  particularly  described  : 

'Also,  he  gave  to  the  said  church  all  the  tithes  of  all  his 
land  of  Hay,  in  all  things,  and  of  all  his  tenants  of  the  fee  of 
Hay ;  and,  to  prevent  question,  he  expressly  gave  and  granted 
the  tithes,  to  wit,  of  corn  and  hay,  of  colts  and  calves,  of  lambs 
and  pigs,  of  wool  and  cheese,  of  coppice-wood,  and  of  Welsh 
revenue,  and  of  passage  and  pleas.' 

There  cannot  be  any  reason  to  suppose  that  these  ^  were 
exceptional  cases :  the  forms  are  strong  evidence  that  they 
were  examples  of  a  practice  general  on  consecrations  of  new 

^  See  posty  Appendix  H,  for  the  Latin  text  of  the  three  charters  here 
referred  to. 


3i6  ANCIENT  FACTS  AND  FICTIONS  part  ii 

parish  churches  after  the  parochial  system  had  begun  to  be 
estabhshed.  How  many  more  such  deeds  may  have  been 
preserved,  I  do  not  know;  the  preservation  of  these  \\^s 
due  to  the  accident,  that  they  passed  into  monastic  hands. 
If  they  stood  alone,  they  would  give,  as  it  seems  to  me, 
a  sufficient  and  satisfactory  answer  to  Dean  Prideaux's 
challenge;  justifying  the  conclusion,  otherwise  reasonable 
and  probable,  that  it  was  by  means  of  express  and  particular 
grants  of  this  kind,  that  each  parish  church,  as  it  was 
founded  and  consecrated  (after  King  Edgar's  time),  obtained 
a  title  to  the  parochial  tithes,  when  the  landowner  (whether 
lay  or  ecclesiastical)  and  the  bishop  were  agreed  in  desiring 
that  such  an  endowment  should  be  made. 

The  inferences  derived  from  these  documents  receive 
confirmation  from  other  extant  deeds  of  various  kinds; 
such  as  endowments  of  Collegiate  Churches  with  tithes  by 
their  Founders  at  the  time  of  their  Foundation ;  -^  endow- 
ments of  canonries  in  Cathedral  Churches  with  tithes,  by 
landowners  claiming  the  right  to  appropriate  them  as  they 
pleased ;  ^  and  grants  of  tithes  to  existing  parish  churches 
or  chapelries, — sometimes  original  and  independent,^  some- 
times by  way  of  settlement  of  controversies.*  Recent 
research  has  brought  some  of  these  to  light ;  and  I  entertain 
no  doubt,  that  more  evidence,  direct  and  indirect,  to  the 
same  effect,  may  be  found,  by  those  who  will  take  the 
trouble  of  carefully  examining  them,  in  public,  cathedral, 
and  college  libraries,  and  private  collections,  in  which 
chartularies,  title-deeds,  and  other  manuscripts  of  ancient 
ecclesiastical  foundations  are  preserved. 

^  See  Appendix  J.  ^  Appendix  I,  No.  4. 

s  Ibid.,  No.  3.  *  Ibid.,  Nos.  i,  2. 


APPENDIX  A  (see  pp.  37-40) 

'  CAPITULARE    EPISCOPORUM  ' 

N.B. — The  first  column  exhibits  the  Andain  text,  as  printed 
by  Martene  and  Durand  ;  some  printer's  errors  {e.g.  nomina- 
tive forms  instead  of  the  contracted  accusative)  being  corrected. 
The  second  column  exhibits  the  Metz  text,  as  printed  by 
Sirmondi  and  Baluze. 

At  the  foot  is  a  collation  of  the  Metz  text,  with  the  Vatican 
MS.  {Codd.  Palatini  Latini,  No.  182),  and  of  the  Andain 
text,  with  three  '  Egbertine '  compilations,  viz.  (B)  the  Bodleian 
'  Penitential ' ;  (C)  the  Worcester  '  Excerptions,'  in  the  library 
of  Corpus  Christi  College,  Cambridge ;  and  (N)  the  later 
Worcester  '  Excerptions,'  Nero  A.  i  of  the  Cottonian  collection 
in  the  British  Museum. 

Andain  Text.  Metz  Text. 

*Capitulare  Episcoporum.'2 

Hsec  sunt  Capitula  ex  divinarum  Hsec  sunt  Capitula  ex  divinarum 

Scripturarum   scripta,    quse   electi  Scripturarum   scriptis,   quae  electi 

Sacerdotes  custodienda  atque  ad-  Sacerdotes  custodienda  atque  ad- 

implenda  censuerunt.  implenda  censuerunt. 

Incipiunt  Capitula. 

I.  Ut  unusquisque  sacerdos  i.  Ut  sacerdotes  assidue  orent  pro 
ecclesiam    suam    cum    omni    dili-  Domno  Imperatore.^ 

gentia  aedificet  et  relliquias  sanct-  ut  cuncti  sacerdotes  precibus 
orum  cum  summo  studio  vigiharum  ^^^j^^i^  ^^^^  ^^  ^^  -^  ^^^^^ 
noctis  et  divmisi  officus  conservet.     j^peratoris  et  filiorum  ac  filiarum 

salute  orent. 

1  Diurnis,  C.  and  N,  2  ^ot  in  Vat.  582. 

*  This,  and  all  the  following  sub-titles,  are  omitted  in  Vat.  582  ;  which 
has  rubrical  numbers  only. 


3i8 


APPENDIX  A 


Andain  Text. 

2.  Ut  omnes  sacerdotes  horis 
competentibus  diei  et  noctis  suarum 
sonent  ecclesiarum  signa  et  sacra 
tunc  Deo^  celebrent  officia,  et 
populos  erudiant  quomodo  aut 
quibus  Deus  adorandus  est  horis. 

3.  Ut  omnibus  festis  diebus  et  ^ 
dominicis  unusquisque  sacerdos 
evangelium  Christi  populo  prae- 
dicet.^ 


4.  Ut  unusquisque  sacerdos 
cunctos  sibi  pertinentes  erudiat 
ut  sciant  qualiter  decimas  totius 
facultatis  ecclesiis  divinis  debite 
offerant. 

5.  Ut  ipsi  sacerdotes  populi* 
suscipiant  decimas  et  nomina 
eorum  et^  quaecunque*  dederint 
scripta  habeant  et  secundum 
autoritatem  canonicam  coram 
testibus^  dividant  et  ad  oma- 
mentum  ecclesiae  primam  eligant 
partem  secundam  autem  ad  usum 
pauperum  adque  peregrinorum  per 
eoinim  manus  misericorditer  cum 
omni  humilitate  dispensant^  ter- 
tiam  vero  partem  sibimetipsis  soli^ 
sacerdotes  reservant.^'* 

6.  Ut  unusquisque  sacerdos 
orationem  dominicam  et  symbolum 
populo  sibi  commisso  curiose  in- 
sinuent  ^^  ac  totius  religionis 
studium  et  Cliristianitatis  cultum 
eorum  mentibus  ostendant.12 


Metz  Text. 
2.    Ut  orent  pro  episcopo  stio. 

Ut  unusquisque  sacerdos  quo- 
tidianis^^  adsistat  orationibus  pro 
pontifice  cujus  gubernatur  regi- 
mine. 

3.   De  cu7-a  ecclesicB  et  sacrarum 
relliqiiiarum. 

Ut  unusquisque  sacerdos  eccle- 
siam  suam  cum  omni  diligentia 
sedificet  et  relliquias  sanctorum 
cum  summo  studio  vigil  iarum 
noctis  et  diurnis  officiis  conservet. 

4.    Ut  evangelium  Christi  populo 
prcedicent. 

Ut  omnibus  festis  et  diebus  do- 
minicis unusquisque  sacerdos  evan- 
gelium Christi  populo  prsedicet. 

5 .    Qucznam  populo  praciptu 
insinuanda  sint. 

Ut  unusquisque  sacerdos  orati- 
onem dominicam  et  symbolum 
populo  sibi  commisso  curiose  in- 
sinuet  ac  totius  religionis  studium 
et  Christianitatis  cultum  eorum 
mentibus  ostendat. 


6.  De  decimis  a  populo  dandis. 

Ut  unusquisque  sacerdos  cunctos 
sibi  pertinentes  erudiat  ut  sciant 
qualiter  decimas  totius  facultatis 
ecclesiis  divinis  debite  offerant. 


2  Festis  et  diebus,  B,  C. 
4  A  populis,  B.  C.  N. 


N. 


1  Domino,  C.  and  N. 
»  PrcBdicet  populo,  B.  C.  N. 

^  Et  omitted,  B.  C.  N.  ^  Quicunque,  B.  C.  N. 

7    Timentibus,  B. ;  timtib,  C.  ;  TIMTIBS,  N.       ^  Dispensent,  B.  C.  N. 

»  Soli  omitted,  B.  C.  N.  1°  Reservent,  B.  C.  N. 

"  Insinuet,  B.  C.  N.  ^^  Ostendat,  B.  C.  N. 
"  Cotidianis,  Vat.  582. 


APPENDIX  A 


319 


Andain  Text. 
7.  Ut  cuncti  sacerdotes  preci- 
bus  assiduis   pro  vita  et   imperio 
domni  Imperatoris  et  filiorutn  ac 
filiarum  salute  orent. 


8.  Ut  unusquisque  sacerdos 
quotidianis  adsistat  orationibus 
pro  pontifice  cujus  gubernatur 
regimine. 


9.  Ut  nullus  sacerdos  in  domi- 
bus  vel  aliis  locis  nisi  in  ecclesiis 
Deo^  dicatis^  celebrare  missas 
audeat. 

10.  Ut  cunctis'  sacerdotibus 
jus  et  tempus  baptismatis  tem- 
poribus  congruis  secundum  canoni- 
cam  institutionem  cautissime 
observ'etur. 


II.  Ut  omnes  sacerdotes  qui- 
buscunque  horis  omnibus  indigen- 
tibus  baptismum  infirmitatis  causa 
diligentissime  tribuant. 


Metz  Text. 

7.  Quomodo  dividends  sint  decimcz. 
Ut  *  ipsi  sacerdotes  populi  sus- 

cipiant  decimas  et  nomina  eorum 
quicunque  dederint  scripta  habe- 
ant  et  secundum  autoritatem  ^  can- 
onicam  coram  testibus  dividant 
et  ad  ornamentum  eccleslae  primam 
eligant  partem  secundam  autem 
ad  usum  pauperum  vel  ^  peregrin- 
orum  per  eorum  manus  misericor- 
diter  cum  omni  humilitate  dispen- 
sent  tertiam  vero  partem  semet- 
ipsis  soli  sacerdotes  reservent. 

8.  Ut  officia  divhia  competentibus 

horis  non  prcetermittant. 
Ut  omnes  sacerdotes  horis  com- 
petentibus  diei  et  noctis^  sonent 
signa  ecclesiarum  ^  et  sacrata  Deo 
celebrent  officia  et  populos  erudiant 
quomodo  aut  quibus  Deus  adoran- 
dus  est  horis. 

9.    Ut  missas  extra  ecdesiam 
non  celebrent. 

Ut  nullus  sacerdos  in  domibus 
veP  aliis  locis  nisi  in  ecclesiis 
dedicatis  celebrare  missas  audeat, 

10.  Ut  congrua  tempora  baptismi 
serventur. 
Ut  a  cunctis  sacerdotibus  jus  et 
tempus  baptismatis  temporibus  con- 
gruis secundum  canonicam  institu- 
tionem cautissime  observetur. 

II.    Ut  infirmi  quolibet  tetnpore 

baptizentur. 
Ut    omnes    sacerdotes    quibus- 
cunque  horis  omnibus  indigentibus 
baptismum  infirmitatis  causa  dili- 
gentissime tribuant. 


1  Deo  omitted  in  B.  C.  N.        2  Dedicatis,  B.  C.  N.        ^  A  cunctis,  B.  C. 
4  Ut  et  ipsi.  Vat.  582.  ^  Auctoritatem,  Vat.  582. 

6  Atque  (not  vel),  Vat.  582.  ^  Suarum  (after  noctis),  Vat.  582. 

8  Ecclesiarum  signa,  Vat.  582.         ^  In  (after  vel),  Vat.  582. 


320 


APPENDIX  A 


Andain  Text. 

12.  Ut  nullus  presbyter  sacrum 
officium  sive  baptismale  sacramen- 
tum  aut  aliquid  bonorum  ^  spiri- 
talium  pro  aliquo  precio  vendere 
praesumat  ne  vendentes  et  ementes 
in  templo  columbas  imitentur  ut 
pro  2  his  quae  ^  adepti  sunt  gratia 
divina*  non  pretia  concupiscant 
terrena  sed  solum  ^  regni  coelestis 
gloriam  promereantur  accipere. 


13.  Ut  nullus  presbyter  a  sede 
propria  ^  sanctse  ecclesise  sub  cujus 
titulo  ordinatus  fuit  ammonitionis 
causa  ad  alienam  pergat  ecclesiam 
sed  in  ^  eadem  ^  devotus  usque  ad 
vitae  permaneat  exitum. 


Metz  Text. 

1 2.    Ut  pro  baptismo  et  aliis  spiritu- 
alibus  pretium  non  exigant. 

Ut  nullus  presbyter  sacrum 
officium  sive  baptismale  ^^  sacra- 
raentum  aut  aliquid  bonorum  ^^ 
spiritualium  1*  pro  aliquo  pretio 
vendere  praesumat  ne  vendentes  et 
ementes  in  templo  columbas  imi- 
tentur ut  pro  his  qui  adepti  sunt 
gratiam  divinam  non  pretia  concupi- 
scant terrena  sed  solum  regni  caeles- 
tis^^  gloriam  promereantur  accipere. 

13.    Ut  in  qua  ordinati  sunt 
ecclesia  permaneant. 

Ut  nullus  presbyter  a  sede  pro- 
pria sanctge  ecclesise  sub  cujus  titulo 
ordinatus  fuit  ambitionis  causa  ad 
alienam  pergat  ecclesiam  sed  in 
eadem  devotus  usque  ad  vitse  per- 
maneat exitum. 


14.  Ut  nullus  ex  sacerdotum 
numero  ebrietatis  vitium  nutriet^ 
nee  alios  cogat  per  suam  jussionem 
inebriari. 


14.    Ut  ebrietaiein  in  se  el  in 
aliis  caveant. 

Ut  nullus  ex  sacerdotum  numero 
ebrietatis  vitium  nutriat  nee  alios 
cogat  per  suam  jussionem  inebriari. 


15.   Ut  nullus   sacerdos   extra-      15-    Ut  ciun  extraneis  niulia-ibtis 
nearum  mulierum  habeat  familiari-  i^on  habitent. 

tatem  nee  in  sua  domu  in  qua  ut  nullus  sacerdos  extranearum 
ipse  habitat  nullami<>  mulierem  mulierum  habeat  familiaritatem 
nunquam "  permittat  habitare.  nee   in    sua    domo    in    qua    ipse 

habitat    ullam    mulierem    unquam 
permittat  habitare. 


1  Donoritm,  B.  C,  N,         ^  /j/^^  (omitting  his),  C.         ^  Qui,  C. 

*  Gratiam  divinam,  C.  ;  per  gratiam  divinam,  B.  N. 

5  Solam,  B.  C.  N.  «  Propria  is  omitted  in  N. 

7  For  in  ead^m,  C.  and  N.  have  ibidem. 

8  Ea,  B.  9  Nutriat,  C.  N. 

w  Ullam,  B.  C.  N.  "  Unquam,  B.  C.  N. 

12  Baptismatis,  Vat.  582.  ^^  Donorum,  Vat.  582. 

1^  Spiritalium,  Vat.  582.  i"  Celestis,  Vat.  582. 


APPENDIX  A 


321 


Andain  Text. 

16.  Nulli^  sacerdotum  liceat 
fide-jussorem  esse  neque  derelicta 
propria  lege  ad  ssecularia  judicia 
accedere  presumat.^ 


17.  Nemo^  ex  sacerdotum  nu- 
mero*  arma  pugnantium  unquam 
portet  nee  litem  contra  proximum 
ullam  excitet. 


18.  Ut  nullus  presbyter  edendi 
aut  bibendi  causa  ingrediatur^  in 
tabernis. 


Metz  Text. 

16.  Ut  fidejussores  non  sint  et 
scecularia  judicia  non  adeant. 

Nulli  sacerdotum  liceat  fide- 
jussorem  esse  neque  derelicta 
propria  lege  ad  secularia  judicia 
accedere  praesumat. 

17.  De  possessione  triginta  an- 

noruni. 

Ut  qui  possessionem  ecclesise 
vel  parrochiam  per  triginta  "^  annos 
sinealicujus  interpellatione  tenuerit 
jure  perpetuo  possideat  Si  vero  inde 
crebro  repetitum  fuerit  fiat  diligens 
inquisitio  Et  si  eam^  qui  repetit 
juste  quserere  potuisset^  adhibitis 
veracibus  et  nobilibus  testibus 
quod  repetit  confirmando  vindicet. 

1 8.    Ut  arma  non  gerant  nee  lites 
vioverint. 

Nemo  ex  sacerdotum  numero 
arma  pugnantium  umquam  portet 
nee  litem  contra  proximum  ullam 
excitet. 


19.  Ut  nullus  sacerdosquicquam 
cum  juramento  juret  sed  sim- 
pliciter  cum  puritate  et  veritate 
omnia  dicat. 

20.  Ut  cuncti  sacerdotes  omni- 
bus illis  confitentibus  eorumcrimina 
dignam  psenitentiam  cum  summa 
vlgilantia  ipsis  indicant  ^  et  omni- 
bus infirmis  ante  exitum  vitse 
viaticum  et  communionem  Corporis 
Christi  misericorditer  tribuant. 


19.    Ut  tabenias  non  ingrediantur. 

Ut  nullus  presbyterorum  edendi 
aut  bibendi  causa  ingrediatur  in 
tabernas. 

20.    Ut  a  juramento  abstineant. 

Ut  nullus  sacerdos  quicquam 
cum  juramento  juret  sed  simpliciter 
cum  puritate  et  veritate  omnia 
dicat. 


1  Ut  nulli,  N. 

'  Ut  nemo,  N. 

5  Gradiatur,  B.  C.  N. 

7  xxx*''.  Vat.  582. 


2  PrcBsumat  omitted  in  B.  N. 
*  Sacerdotum  ex  rm?nero,  B.  C.  N. 
«  Indicent,  B.  N. ;  judicent,  C. 
8  Eum,  Vat.  582.  »  Patuerit,  Vat.  582. 


322 


APPENDIX  A 


Andain  Text. 

21.  Ut  secundum  diffinitionem 
sanctorum  patrum  siquis  infirmatur 
a  sacerdotibus  oleo  sanctificato 
cum  orationibus  diligenter  un- 
guatur. 


22.   De  nonis  et  decimis?- 

Volumus  atque  jubemus  ut  de 
omni  conlaboratu  et  de  vino  et  feno 
fideliter  et  pleniter  ab  omnibus 
nona  et  decima  persolvatur  De 
nutrimine  vero  pro  decima  sicut 
hactenus  consuetudo  fuit  ab 
omnibus  observetur  Siquis  tamen 
episcopoiTim  fuerit  qui  argentum 
pro  hoc  accipere  velit  in  sua 
maneat  potestate. 

23.   De  antiquis  ecclesiis  ut  non 
rem  suam  kabeant.^ 

Ut  nee  decimis  nee  aliis  pos- 
sessionibus  priventur  ita  ut  oratoriis 
tribuatur. 

24.   De  spiritalibiis  filiolis.^ 

Deinde  praecipimus  ut  unus- 
quisque  compater  vel  proximi 
spiritales  filios  suos  catholice 
instruant. 

25.  De  sacerdotibus.^ 
Ut    juxta    Apostolicam   vocem 
irreprehensibiles  sint    et    moribus 
ornati     et    nequaquam     turpibus 


Metz  Text. 

21.    Ut  pcenitentiam  confitentibiis 
et  viaticum  infirmis  tribuant. 

Ut  cuncti  sacerdotes  omnibus 
illis  confitentibus  eorum  crimina 
dignam  paenitentiam  cum  summa 
vigilantia  ipsis  indicent*et  omnibus 
infirmis  ante  exitum  vitae  viaticum 
et  communionem  Corporis  Christi 
misericorditer  tribuant. 

22.  De  unctione  infirmorum. 

U  t  secundum  diffinitionem  ^  sanc- 
torum patrum  siquis  infirmatur  a 
sacerdotibus  oleo  sanctificato  cum 
orationibus  diligenter  unguatur. 


\The  Metz  text  ends  here.\ 


1  Not  in  B.  C.  or  N. 

2  Not  in  B.  or  C.  Article  24  of  N,  is,  '  Ut  ecclesice  antiquitus  consti- 
tutcB  nee  decimis  nee  alia  ulla  possessione  priventur,  ita  ut  novis  oratoriis 
tribuantur. '  '  None  of  these  are  in  B.  C.  or  N. 

*  Judicent,  Vat.  582.  ^  Definitionem,  Vat.  582. 


APPENDIX  A 


323 


Andain  Laws. 

Incris  deserviant  juxta  illud  quod 
est  scriptum,  Nemo  militans  Deo 
implicet  se  negotiis  scecularibus  ut 
ei  placeat  cui  se  probavit:  Et  a 
turpibus  lucris  et  usuris  non  solum 
ipsi  abstineant  varum  etiam  plebes 
sibi  subditas  abstinere  instruant. 

26.  De  incestuosis^ 

Ut  incestuosi  juxta  canonicam 
sententiam  paenitentia  multentur 
Qui  vero  decimas  post  crebras 
adraonitiones  et  praedicationes 
sacerdotum  dare  neglexerint  ex- 
communicen^ur  Juramento  vero  eos 
constringi  nolumus. 

27.  De  discretione  in  Corporis  et 
Sanguinis  Domini  perceptions  ^ 

Cavendum  est  enim  ne  si 
nimium   in   longum   differatur  ad 


Andain  Law^s. 

pemiciem  animse  pertineat;  dicente 
Domino,  Nisi  manducaveritis  car- 
nemfilii  hominis  et  biberitis  ejus 
sanguinem  non  habebitis  vitam  in 
vobis.  Si  vero  indiscrete  accipia- 
tur  timendum  est  illud  quod  ait 
Apostolus  ;  Qui  manducat  et  bibit 
indigne  judicium  sibi  manducat 
et  bibit.  Juxta  ergo  Apostoli 
documentum  probare  se  debet 
homo  et  sic  de  pane  illo  mandu- 
care  et  de  calice  bibere,  ut  videlicet 
abstinens  se  aliquot  diebus  ab 
operibus  camis,  et  purificans  corpus 
animamque  suam,  praeparet  se 
ad  percipiendum  tantum  sacra- 
mentum  ;  exemplo  David,  qui  nisi 
se  confessus  fuisset  abstinuisse  se 
ab  opere  conjugali  ab  heri  et 
nudius  tertius  nequaquam  panes 
propositionis  a  sacerdote  accepis- 
set. 


1  Not  in  B.,  C,  orN. 


APPENDIX  B  (see  pp.  154,  155) 

Comparison  of  corresponding  passages  in  Archbishop  Odo's 
Injunctions  and  the  Legatine  Injunctions  of  A.D.  785-787. 

[N.B. — The  text  of  Odo's  Injunctions  is  from  Spelman's 
Concilia,  vol.  i.  p.  415;  that  of  the  Legatine  Injunctions  from 
the  '  Magdeburg  Centuries.'] 


Odo's  Injunctions. 

Article  2. 

Ammonemus  Regem  et  Prin- 
cipes  et  omnes  qui  in  potestate 
sunt,  ut  cum  magna  humilitate 
suis  Archiepiscopis  omnibus  que 
aliis  Episcopis  obediant ;  quia  illis 
claves  regni  cselorum  datse  sunt,  et 
habent  potestatem  ligandi  atque 
solvendi.  .  .  . 

Habeatque  Rex  prudentes  con- 
siliarios  Deum  timentes  super 
regni  negotia ;  ut  populus,  bonis 
exemplis  Regis  et  Principum  eru- 
ditus,  proficiat  in  laudem  et  glo- 
riam  Dei. 

Article  3. 

Ammonendi  sunt  Episcopi,  .  .  . 
ut  suas  parrochias  omni  anno  cum 
summa  diligentia  praedicantes  ver- 
bum  Dei  circumeant,  ne  aliquis  per 
incuriam  pastoris  per  devia  cujus- 
libet  ignorantise  errans  lupinis 
pateat  morsibus  lacerandus.  Ne 
quis  turpis   lucri  gratia,   sed  spe 


Legatine  Injunctions. 
Article  11. 

Ita  quoque  Reges  et  Principes 
admonuimus,  ut  obediant  ex  corde 
cum  magna  humilitate  suis  Epis- 
copis ;  quia  illis  claves  caeli  datae 
sunt,  et  habent  potestatem  ligandi 
atque  solvendi.   .   .   . 

Habeantque  Reges  consiliarios 
prudentes,  Dominum  timentes, 
moribus  honestos,  ut  populus, 
bonis  exemplis  Regum  et  Princip- 
um eruditus  et  confortatus,  pro- 
ficiat in  laudem  et  gloriam  Omni- 
potentis  Dei. 

Article  3. 

Unusquisque  Episcopus  paro- 
chiam  suam  omni  anno  circumeat ; 
diligenter  conventicula  per  loca 
congrua  constituendo,  quo  cuncti 
convenire  possint  ad  audiendum 
Verbum  Dei ;  ne  aliquis  per  in- 
curiam pastoris  per  devia  cujus- 
libet  ignorantiae  errans,  rugientis 


APPENDIX  B 


325 


Odo's  Injunctions. 

mercedis  seternge,  gregem  sibi  com- 
missum  pascere  studeat.  Quod 
enim  gratis  excepimus,  gratis  im- 
pendere  non  differamus ;  absque 
ullo  timore  vel  adulatione  cum 
omni  fiducia  verbum  veritatis  prse- 
dicare  Regi,  Principibus  populi 
sui,  omnibus  dignitatibus  ;  et  nun- 
quam  veritatem  subterfugere,  ne- 
minem  injuste  damnare,  neminem 
nisi  juste  communicare,  omnibus 
viam  salutis  demonstrare. 


Article  7. 

Interdicimus  omnibus  Christi- 
anis  injusta  connubia  et  incsestuosa, 
tam  cum  monialibus  vel  cognatis, 
vel  cum  aliis  illicitis  personis. 
Nos  quippe  eandem  Apostolicam 
auctoritatem  sequentes,  simili 
modo  jaculum  maledictionis  tali- 
bus  imponimus,  nisi  correptus  a 
tam  nefanda  praesumptione  ad  satis- 
factionem  perveniat. 

Article  8. 

...  Sit  Concordia  ubique  et 
unanimitas  inter  Episcopos  et 
Principes  omnemque  populum 
Christianum  ;  ut  sit  unitas  ubique 
Ecclesiarum  Dei  et  pax  j  immo 
una  sit  Ecclesia  fide,  spe,  et 
charitate ;  unum  habens  Caput 
quod  est  Christus  ;  cujus  membra 
se    invicem    adjuvare,    mutuaque 


Legatine  Injunctions. 

leonis  morsibus  invadatur.  .  .  .  Et 
ne  quis  turpis  lucri  gratia,  sed  spe 
mercedis  seternse,  gregem  sibi  com- 
missum  pascere  quserat ;  et  quod 
gratis  accepit,  omnibus  gratis  prae- 
stare  studeat.  .  .  . 


Article  11. 

.  .  .  Autoritate  Divina  fiduci- 
aliter  et  veraciter,  absque  ullo 
timore  vel  adulatione  loqui  verbum 
Dei  Regibus,  Principibus,  omni- 
busque  dignitatibus  ;  nunquam 
veritatem  subterfiigere  ;  nulli  par- 
cere  ;  neminem  injuste  damnare ; 
neminem  sine  causa  excommuni- 
care ;  omnibus  viam  salutis,  tam 
verbis  quam  exemplis,  demon- 
strare. 

Article  15. 

Interdicuntur  omnibus  injusta 
connubia  et  incsestuosa,  tam  cum 
ancillis  Dei  vel  aliis  illicitis  per- 
sonis, quam  cum  propinquis  et 
consanguineis,  vel  alienigenis  ux- 
oribus  :  et  omnino  anathematis 
mucrone  perfoditur  qui  talia  agit, 
nisi  correctus  resipiscat  a  tam  ne- 
fanda prsesumptione,  et  suo  Epis- 
copo  obtemperans  seipsmn  ad 
sequitatis  normam  corrigat  et  re- 
vocet. 

Article  14. 

Sit  Concordia  ubique,  et  unani- 
mitas inter  Reges  et  Episcopos, 
ecclesiasticos  et  laicos,  omnemque 
populum  Christianum ;  ut  sit 
unitas  ubique  Ecclesiarum  Dei, 
et  pax  in  una  Ecclesia,  in  una 
fide,  spe,  et  charitate  peimanens, 
unum  Caput  habens,  quod  est 
Christus ;  cujus  membra  se  invicem 


326 


APPENDIX  B 


Odo's  Injunctions. 

charitate  diligere  debeant ;  ut  Ipse 
ait :  *  In  hoc  cognoscant  omnesy  et 
reliqua. 


Legatine  Injunctions. 

adjuvare,  mutuaque  charitate  dili- 
gere debeant ;  sicut  Ipse  dixit ; 
*  In  hoc  cognoscent  omnes  quia  Mei 
discipuli  estiSf  si  dilectionem 
habueritis  ad  invicem.^ 


Article  lo. 

Decimo  capitulo  mandamus,  et 
fideliter  obsecramus,  de  decimis 
dandis,  sicut  in  lege  scriptum  est : 
*  Dechnam  partem  ex  omnibus 
frugibus  tuis  seu  primitiis  deferas 
in  domum  Domini  Dei  tuiJ*  Rur- 
sum  per  Prophetam :  ^Adferte,''  in- 
quit,  *om?iem  decimam  in  horreum 
Meum,  ut  sit  cibus  in  domo  Mea; 
et  probate  Me  super  hoc,  si  non 
aperuero  vobis  cataractas  coeli,  et 
effudero  benedictionem  usque  ad 
abundantiam ;  et  increpabo  pro 
vobis  qui  comedit  et  corrumpit  fruc- 
tum  terr(Z  vestrce;  et  non  erit  ultra 
in  ea  sterilis.^  Unde  et  cum 
obtestatione  prsecipimus,  ut  omnes 
studeant  de  omnibus  quae  possident 
daredecimas ;  quia  speciale  Domini 
Dei  est ;  et  de  novem  partibus 
sibi  vivant,  et  eleemosynas 
tribuant. 


Article  17. 

.  .  .  De  decimis  dandis,  sicut 
in  Lege  scriptum  est :  *  Decimam 
partem  ex  omnibus  frugibus  tuis 
seu  primitiis  deferas  in  domum 
Domini  Dei  tuiJ*  Rursum  per 
Prophetam  :  •  Adferte,^  inquit, 
*  omnem  decimam  in  horreum 
Meutn  ut  sit  cibus  in  dotrio  Mea  ; 
et  probate  Me  super  hoc,  si  non 
aperturo  vobis  catarcutas  coeli,  et 
effudero  benedictionem  usque  ad 
abundantiam ;  et  increpabo  pro 
vobis  devorantem,  qui  comedit  et 
corrumpit  fructum  terrce  vestra ; 
et  non  erit  ultra  vinea  sterilis  in 
agro ' ;  dicit  Dominus.  .  .  .  Unde 
etiam  cum  obtestatione  prseci- 
pimus, ut  omnes  studeant  de 
omnibus  quae  possident  decimas 
dare ;  quia  speciale  Domini  Dei 
est  :  et  de  novem  partibus  sibi 
vivat,  et  eleemosynas  tribuat.  .  .  . 


APPENDIX  C  (see  pp.  235,  236) 

Comparison  of  the  Exeter  'Penitential'  Volume  in 
THE  Bodleian  Library,  No.  718,  with  the 
Vatican  (Palatine)  Manuscript,  No.  1352. 

The  Vatican  MS.  begins  with  an  address,  to  a  bishop  or 
'.rector'  not  named,  in  these  words: — 

*  Hsec  pauca  Beatitude  vestra  gratifice  excipiat,  deflorata  quae  non  ex 
uno  uniusque  doctoris  prato  divinae  auctoritatis  studui  decerpere,  sed 
per  multorum  Patrum  florigera  rura,  mentis  et  corporis  cervice  sum- 
missa,  studiose,  succin^tim,  celeriterque,  ut  jussio  sanctitatis  extitit 
vestrae,  curavi,  et  ex  his  hos  odoriferos,  Domino  largiente,  prout  potui 
flores  excerpsi,  hancque  quadriformem  hujus  voluminis  intexui  corono- 
1am.  Sic  in  hac  prsefatiuncula  subsequente  vestra  sancta  dinoscere 
poterit  industria.  Ex  quibus  vero  auctoribus  aut  opusculis  ac  institutis 
ista  sint  excerpta,  in  margine  aut  titulis  hujus  opusculi  nomina  eorum 
retinentur  adscripta.  Obsecro  ut,  si  cui  transcribere  placet  eandem, 
Patrum  omnium  si  in  hac  pauperrima  excerptione  apposita  invenerit  suis 
opusculis  similiter  affigat.  Nemo  autem  in  sanctorum  Patrum  eloquia 
prsesumptiose  reprehendat ;  sed  potius  consideret  quae  praedicta,  et 
studiose  relegat,  et  opere  sicut  Dominus  dederit  studiosius  adimpleat. 
Idcirco  ex  innumeris  divinis  constitutionibus  ad  corrigendos  vel  instru- 
endos  mores  humanos,  tam  exigua  in  hoc  corpusculo  coUegi  dicta, 
quoniam  vestra  pia  paternitas,  in  parvi  spatii  temporis  curriculo,  cursu 
haec  jussit  explere  velocissimo.  Necnon  et  maxime  obstitit  mihi,  quod 
codices  huic  operi  necessaries,  ubi  aliquando  ad  hoc  opus  pertinentia 
repperi  testimonia,  minime  habere  potui.  Opto  paternitatem  tuam 
bene  semper  valere  in  Domino.' 

Then  follows  the  preface  to  the  whole  work : — 

*  In  nomine  Dei  summi,  Incipit  proefatio  operis  subsequentis.  Ex 
diversis  sanctorum   Patrum  opusculis  et  institutis,  largiente  Domino 


328  APPENDIX  C 


nostro  Jesu  Christo,  quatuor  in  hujus  voluminis  corpusculo  excerpti  con- 
tinentur  libelli.  Prior  denique  de  vita,  prsedicatione,  ac  discretione, 
necnon  et  sollicitudine  sacerdotis  enarrando,  brevitatis  studio,  percurrit. 
Secundus  de  niodis  paenitentise,  levioribus  delictis,  ac  satisfactione 
eorum.  Tertius  de  mortalibus  peccatis,  eorumque  penitudine  ac  satis- 
factione, necnon  et  de  octo  principalium  viciorum  origine  et  vexatione 
ac  curatione  eorum  elocutus.  Quartus  de  diversis  peccatis  ac  crimini- 
bus,  eorumque  judiciis  ac  satisfactionibus,  ex  sacrorum  canonum  ortho- 
doxorumque  Patrum  institutis  terminatus.  Quisquis  igitur  indocti 
Excerptoris  hujus  percurrens  excerpta  reppererit  deflorata,  dignas 
Domino  qui  haec  dedit  referat  gratias.  Siqua  vero  minus  caute  fortasse 
invenerit  excerpta,  compassus  humana  fragilitate  Excerptori  indulgeat ; 
et  pro  cunctis  illius  commissis  apud  Piissimum  iEternumque  Judicem 
assiduus  piissimusque  intercessor  existat' 

(Then)  : — '  Explicit  Praefatio,  Incipiunt  capitula  libri  primi.' 

1 .  De  vita  sacerdotum,  qualis  est. 

2.  De  doctrina  et  exemplis  sacerdotum. 

3.  De  exemplis  pravorum  sacerdotum. 

4.  De  sacerdotibus  qui  verbo  et  exemplo  subjectos  destruunt. 

5.  De  sacerdotibus  qui  bene  docent  et  male  vivunt. 

6.  Quod  nuUi  prosit  sacerdotium,   etiam  si  bene  vivat,   si  male 

viventes  tacendo  non  contradicat. 

7.  Qualis  debet  esse  discretio  in  praedicatione  doctoris. 

8.  Qualis  debet  esse  ordo  atque  consideratio  praedicationis  in  ore 

doctoris. 

9.  De  doctrina  et  eruditione  sacerdotis. 

10.  Qualiter  sacerdos  aliqua  mala  proximi  taceat  ut  dicat. 

1 1 .  Quanta  esse  debet  diversitas  in  sermone  prsedicatoris. 

12.  Quanta  esse  debet  discretio  in  confessione  peccatorum. 

13.  Qui  vult  confiteri  peccata  sua,  si  omnibus  debet  confiteri  et 

quibuslibet,  aut  certis,  quibusque. 

14.  Si  oportet  gesta  turpia  aut  obscena  confitentem  inverecunde 

nunciare  omnibus,  aut  certis  quibusque,  et  quibus  illis. 

15.  Ut  nullus  sacerdoti  ac  confessori  suo  malas  cogitationes  suas 

occultet  sed  mox  ut  ortoe  fuerint  confiteatur. 

16.  Qualem  debet  habere  sacerdos  discretionem  in  judicio  paeni- 

tentiae. 

17.  Qualis  debet  esse  sollicitudo  circa  poenitentes. 

18.  Poenitentem  ex  corde  quomodo  oportet  suscipi. 

1 9.  Erga  eum  qui  pro  peccatis  non  poenitet  quales  esse  debemus. 

(Then)  : — *  Explic.  cap.  ;  Incip.  lib.  i.  de  vita  sacerdotum.' 
[The  several  articles,  of  which  the  titles  are  prefixed  as 


APPENDIX  C  329 


above,  follow.      But  in  the  Vatican  MS.  one  sheet,  viz.,  that 
containing  articles  8  to  13  inclusive,  is  wanting.] 
(Then)  : — *  Explic.  lib.  i.,  Incip.  pfatio  lib.  ii.' 

'  Post  primum  namque  libellum,  qui  de  sacerdotis  rectorisque  omni 
vita  et  sermone,  necnon  et  soUicitudine,  est  utcunque  breviter  ex 
variis  sanctorum  paginis  excerptus,  secundus  hie,  opitulante  Domino, 
ex  eolundem  libris  defloratus  incipit  libellus.  De  modis  videlicet 
poenitentise,  levioribusque  excessibus,  ac  eorum  satisfactione.  Coepto 
igitur  hujus  excerptionis  ordine  cursim  breviterque,  ut  Auctor  lucis 
seternse  monstrare  dignabitur,  reliqua  prosequamur.' 

(Then)  : — *  Explic.  praefatio.     Incipiunt  capp.' 

Then  follow  the  titles  of  the  fifty-five  articles  or  chapters  of 
the  Second  Book. 

Down  to  this  point  the  Bodleian  does  not  follow  the  Vatican 
MS.  It  substitutes  Egbert's  Penitential,  with  the  interpola- 
tions and  additions  mentioned  ante  (pp.  226-240)  ;  of  which 
no  part  is  in  the  Vatican  manuscript.  From  this  point, 
however,  the  Bodleian  MS.  follows  throughout  (with  slight 
variations,  1  the  chief  of  which  is  the  omission  of  the  Vatican 
lists  of  titles,  preceding  the  text  of  the  articles  or  chapters  of 
each  book)  the  text  of  the  Vatican  MS.,  which  I  proceed  to 
describe. 

First  comes  this  Rubric  2; — 'Incipit.  libellus  ^  secundus,  ex 
opusculis  et  insitutis  CathoHcorum  Patrum  breviter  excerptus, 
quibus  modis  cuncta  per  Christum  *  remittantur  peccata,'  which 
is  followed  by  this  Preamble  : — 

*  Ut  enim  ^  in  expositione  sexti  psalmi  Cassiodorus  ait,  septem 
modis  peccata  nobis  dimitti  posse  Patres  sancti  dixerunt.  Primo,  per 
baptismum.  Secundum,^  per  passionem  martirii.  Tertio,  per  eleemo- 
sinam.  Quarto,  per  hoc  quod  remittimus  peccata  fratribus  nostris. 
Quinto,  cum  convertit  quis  peccatorem  ab  errore  viae  suae.  Sexto,  per 
abundantiam  caritatis.  Septimo,  per  poenitentiam.  Addenda  quoque 
ex  communicatione  ^  corporis  et  sanguinis  Domini  nostri  Jesu  Christi, 
cum  tamen  suscipitur  : — inveniantur  ^  et  alii  fortasse  modi  remissionum  ; 

1  In  the  notes  of  variations  (B)  denotes  the  Bodleian  text  ;  the  Vatican 
text  being  followed  throughout  in  the  body  of  this  Appendix. 

2  B.  prefixes  ' /«  nomine  sanctce  Triniiatis.'  '  liber,  B. 

*  B.  has  ' per  Christi gratiam,  humano generi*  ^  Etenim,  B. 

*•  Secundo,  B.  '  est  communication  B.  8  invenluntur ,  B. 


330  APPENDIX  C 


congruit  enim,  ut  numerum  supplicationis  nostrse  indulgentia  divina 
transcendat.  Abhinc  latius  de  eadem  re  ex  opusculis  quorundam 
Patrum.'  i 

After  this  the  text  of  the  fifty-five  chapters  or  articles  of  the 
Second  Book  is  given  (with  their  titles)  in  full ;  agreeing  (with 
clerical  variations  of  no  importance)  in  both  manuscripts. 

Then  the  Rubric  : — '  Explic.  lib.  ii.      Incipit.  pfatio,  lib.  iii.' 

*  De  mortalibus  peccatis  ac  criminibus  eonimque  penitudine  et 
satisfactione  seu  de  octo  principalium  viciorum  origine,  vexatione,  in- 
diciis,  oblectationibus,2  remediisque,  necnon  et  de  pugna  virtutum 
contra  viciorum  impugnationem,  et  quibus  modis,  cogitatione,  locutione, 
opere,^  perpetrantur  peccata,  tertius  hie,  largiente  Domino,  ex  edictis 
sanctorum  Patrum  defloratus,*  ut  in  prologo  hujus  opusculi  prsefati 
sumus,  inchoat  libellus.  Tuis  igitur  raeritis  precibusque  animatus 
studiosissime.  Pater,  et  si  non  ut  debeo  tamen  prout  potero,  Deo 
favente,  prseceptis  tuis  satisfacere  humiliter  studebo.' 

Then  Rubric  : — *  Explicit  praefatio,  Incip.,  lib.  iii.  capp.' 
Then  follow  the  titles  *  of  eighty-two  chapters  or  articles. 
Then  Rubric  : — *  Explicit  cap.      Incipit  textus  libri  tertii.' 
The  text  of  the  eighty-five  chapters  or  articles  (with  their 

titles)  follows  ;  agreeing  (except  clerical   variations)  in  both 

manuscripts. 

Then  Rubric  : — *  Explic.  lib.  iii.     Incip.  plogus  libri  iiii.' 

*  Magnopere  poposcisti  ac  precepisti,  carissime  rector,  ut  ad  corri- 
gendos  vel  ^  instruendos  tuorum  mores  subditorum  quoedam  ex  divinis 
constitutionibus  breviter  et  succinctim  excerperem  capitula,  ut  mens 
in  cunctis  Deo  familiariter  dedita  non  per  simplices  et  densissimas 
librorum  fatigetur  silvas,  sed  potius  compendio  breviante,  divinis  uno 
in  sancto  divinarum  scriptuarum  prato  circumvallata  auctoritatibus, 
facili  ^  Deo  donante,  odoriferos  quos  cupit,  etsi  non  omnes,  saltem  vel 
paucos  possit  decerpere  flores.  Et  quia  sanctse  caritati  tuce  summum 
dilectionis  et  benevolentioe  obsequium  debeo,  ut  potui.  Domino  miser- 
ante,  juxta  exiguitatem  sensus  mei,  feci  quod  jussisti,  et  quod  per  te 
mihi  imperavit  qui  in  sancto  tuo  jugiter  residet  pectore  Deus.  Quartus 
igitur  pauperrimse  Excerptionis  nostrae  ex  sanctorum  opusculis,  sicut  et 
tres  anterioresy  excerptus  hie  incipit  libellus.     Quos  omnes,  auctore^ 

^  B.  adds  ;  '  Item  quibus  modis  cuncta  per  Christi  gratiam  remittan- 
tur peccata.'  2  objectionibus,  B.  '  B.  has  ^/ before  o/^r<r. 

*  dejloratis,  B.  »  Not  in  B.  ^  et,  B. 
'  facilius,  B.                                                     8  due  tore,  B. 


APPENDIX  C  331 


Deo,  tuo  sancto  nomine  *  dicatos  esse  cupio.  Iste  enim  ^  libellus  hujus 
opusculi  quartus  ^  constat  esse,  studio  brevitatis  ut  jam  dictum  est  ex- 
cerptus,  de  diversis  peccatis  ac  criminibus  eorumque  indiciis  ac  satisfac- 
tionibus,  ex  sacrorum  canonum  orthodoxorumque  Patrum  libris  vel* 
institutis. 

Then  Rubric  : — '  Explicit  prologus.      Incip.  capp.  lib.  iiii.* 
Then  follow  the  titles^  of  381  chapters  or  articles. 
Then  the  text  of  these  chapters  or  articles  (the  same,  except 
clerical  variations,  in  both  MSS.). 

Then  this  Postscript  to  the  Fourth  Book  : — 

*Ecce  haec  sunt  pauca  ex  multis  sanctarum  Scripturarum  edictis, 
Deo  favente,  succinctim  breviterque  ^  excerpta.  Dum  enim  sanctse 
jussioni  vestrae  parere  volui,  praesumsi^  ultra  vires  meas  facere  quod 
optime  non  novi.  Parcat  hoc,  cum  ceteris  secus  ^  commissis  michi,^ 
meritis  precibusque  vestris,  Omnipotens  Deus.  Sed  quia,  ut  potui,  Deo 
donante  ^*'  feci  quod  jussisti,  obsecro  Beatitudinem  vestram  facere  ^^  ut 
mercedem  orationum  vestrarum  mihi  reddere  procuretis.' 

^  nomini,  B.  2  etenim,  B.  ^  quantus,  B. 

^  et,  B.  5  Not  in  B.  ^  B,  omits  breviterque. 

"^  B.  has  si  before  ultra,  ^  B.  omits  secus.  '  mihi,  R 

^*^  donum,  B.  ^^  B.  omits  facere. 


APPENDIX  D  (see  p.  244) 

Comparison  of  the  Extracts  of  Canons,  etc.,  in  the  Worcester 
Manuscript  belonging  to  Corpus  Christi  College,  Cambridge 
(No.  265  of  Nasmith),  with  those  in  the  Cottonian  Manuscript 
(Nero  A.  i). 


Cambridge. 

Ancient  Laws,  vol 
ii.  pp.  97-127. 

Sacerdotal  Laws.' 

Nos.  I -2 1 

Nos 

I-2I. 

22 

(In  the  Introduction 

^Augustinus,  etc.) 

23 

49 

24 

— 

25 

29 

26 

34 

27 

28 

37 

29 

40 

30 

44 

31 

98 

33 

99 

34 

97 

35 

— 

36 

— 

37 

45 

38 

46 

39 

47 

40 

48 

41 

50 

42 

51 

43 

52 

Parker  MS.  Cottonian  MS. 

Tr,  T  Jt^-o^r  ^fnnn    Printed  in  Thorpe's 
In  Library  of  C.C.C.  ^^.^^^  ^^^^^  ^^j^ 

ii.  pp.  97-127. 


Cambridge, 


No.  44 

45 
46 

47 
48 

49 
50 
51 

52 
53 
54 
55 
56 

58 
59 
60 
61 
62 

63 
64 
65 
66 


No.  53 
56 


57 
58 
59 
61 

63 
64 

65 
66 
67 
68 
69 
70 

71 

72 
73 
75 
76 

78 


APPENDIX  D 


333 


Parker  MS. 

Cottonian  MS. 

Parker  MS. 

Cottonian  MS. 

In  Library  of  C.C.C. 
Cambridge. 

Printed  in  Thorpe's 

Ancient  Laws,  vol. 

ii.  pp.  97-127. 

In  Library  of  C.CC. 
Cambridge. 

Printed  in  Thorpe's 

Ancient  Laws,  vol. 

ii.  pp.  97-127. 

No.  67 

No.  — 

No.  96 

No.  — 

68 

— 

97 

157 

69 

80 

98 

70 

81 

99 

— 

71 

83 

100 

— 

72 

84 

lOI 

33 

73 

85 

102 

31 

74 

86 

103 

129 

75 

87 

104 

32 

76 

88 

105 

118 

77 

89 

106 

— 

78 

90 

107 

38 

79 

91 

108 

122 

80 

112 

109 

— 

81 

92 

no 

— 

82 

93 

III 

— 

83 

94 

112 

120 

84 

95 

113 

— 

85 

106 

114 

39 

86 

107 

"5 

87 

lOI 

116 

— 

88 

104 

117 

— 

89 

105 

118 

115 

90 

149 

119 

— 

91 

— 

120 

— 

92 

152 

121 

— 

93 

155 

122 

— 

94 

— 

123 

— 

95 

— 

APPENDIX  E  (see  pp.  287-289) 


Comparison  of  Church- Grith  with  the  corresponding  pro- 
visions of  Canute's  Laws,  Ecclesiastical  (C.  E.),  and  Secular 
(C.  S.)  [The  passages  which  differ  more  than  verbally,  or 
(in  Canute's  Laws)  more  than  by  enlargement  of  details,  are 
printed  in  italics.] 


Church-Grith.' 


Canute's  Laws. 


Article  i. 

This  is  one  of  the  ordinances 
which  the  king  of  the  English 
composed  with  the  counsel  of  his 
witan  : —  ThcU  is,  frst,  that  he 
will  that  all  God's  churches  be 
entitled  to  full  *  grith,'  and  if  ever 
any  man  henceforth  so  violate 
God's  church-grith  that  he  be 
a  homicide  within  church-walls, 
then  be  that  '  bot-less ' ;  and  let 
every  one  of  those  who  are  friends 
to  God  pursue  him,  unless  it 
happen  that  he  escape  thence,  and 
seek  so  awful  a  sanctuary,  that 
the  king  through  that  grant  him 
life  against  full  *  hot,'  both  to  God 
and  to  men. 


C.  E.  Article  2. 

Every  church  is  by  right  in 
Christ's  own  *  grith  '  (protection), 
and  every  Christian  man  has  great 
need  that  he  show  great  reverence 
for  that  *  grith,'  because  God's 
•  grith '  is  of  all  griths  the  most 
excellent  in  merit,  and  the  best  to 
preserve.  .  .  .  And  if  ever  any 
man  henceforth  so  break  God's 
'church-grith,'  that  he  be  a 
homicide  within  church-walls,  then 
be  that  'bot-less';  and  let  every 
one  of  them  who  is  a  friend  to 
God  pursue  him  :  unless  it  happen 
that  he  escape  thence,  and  seek 
so  awful  a  sanctuary,  that  the 
king  through  that  grant  him  life 
against  full  ♦  hot,'  ^  both  to  God 
and  to  men. 


Amends  by  compensation. 


APPENDIX  E 


335 


*Church-Grith.' 
Article  2. 

And  that  then  is  first ;  that  he 
pay  his  own  *  wer '  to  the  king 
and  to  Christ,  and  thereby  inlaw 
himself  to  *  bot '  ;  because  a 
Christian  king  is  accounted  Chrisfs 
vice-gerent  among  Christian  people  y 
and  his  duty  it  is  to  avenge  offence 
to  Christ  very  severely. 

Article  3.     ♦ 

And  if  it  then  come  to  *  bot,* 
and  the  king  allow  it,  then  let 
*  bot '  be  made  for  the  *  church- 
grith '  to  that  church,  according 
to  the  king's  full  *  mund-bryce  ; ' 
and  let  purification  of  the  minster 
be  gotten,  as  is  thereto  befitting ; 
and  especially  let  intercession  be 
fervently  made  with  God. 


Article  4. 

And  if  else,  no  man  being  slain, 

*  church  -  grith  '    be    broken,    let 

*  bot '  be  strictly  made,  as  the 
deed  may  be  :  be  it  through  fight- 
ing, be  it  through  robbery,  be  it 
through  fornication,  be  it  through 
what  it  may ;  first,  let  *  bot '  be 
made  for  the  *  grith-bryce  '  to  the 
church,  as  the  deed  may  be,  and 
as  the  rank  of  the  church  may  be. 

Article  5. 

All  churches  are  not  secularly 
entitled  to  equal  rank,  although 
divinely  they  have  like  consecration. 


Canute's  Laws. 


C.  E.  Article  2  {continued). 

And  that  is  then  first ;  that  he 
pay  " 


his   own    *  wer  '  ^   to    Christ 


and    to    the   king ;    and    thereby 
inlaw  himself  to  '  bot.' 


C.  E.  Article  2  {continued). 

And  if  it  then  come  to  *  bot,' 
and  the  king  allow  it,  then  let 
'  bot '  be  made  for  the  *  church - 
grith  '  to  that  church,  according 
to  the  king's  full  *  mund-bryce,' ^ 
and  the  purification  of  the  minster 
be  gotten  as  is  thereto  befitting  ; 
and  let  *  bot '  be  fully  made,  both 
with  *maeg-bot'  and  *man-bot';^ 
and  especially  let  intercession  be 
fervently  made  with  God. 

C.  E.  Article  3. 

And  if  else,  no  man  being  slain, 

*  church-grith '     be     broken,     let 

*  bot '  be  strictly  made,  according 
as  the  deed  may  be  ;  be  it  through 
fighting,  be  it  through  robbery,  be 
it  through  what  it  may  be.  First, 
let  *  bot '  be  made  for  the  '  grith- 
bryce  '  to  the  church,  according  as 
the  deed  may  be,  and  as  the  rank 
of  the  church  may  be. 

C.E.  Article  3  {continued). 

All  churches  are  not  secularly 
entitled  to  a  like  degree  of 
reverence,  although  divinely  they 


1  The  price  at  which  a  man's  life  was  valued,  according  to  his  degree. 

2  Compensation  for  breach  of  protection. 

*  Compensations  paid  for  homicide  to  kinsmen,  and  to  the  lord. 


336 


APPENDIX  E 


*Church-Grith.' 

For  the  *  grith-bryce '  of  a  chief 
minster,  in  cases  entitled  to  *  hot,' 
let  'bot'  be  made  according  to 
the  king's  '  mund ' ;  that  is,  with 
five  pounds  by  English  law ;  and 
of  a  minster  of  the  middle  class 
with  a  hundred  and  twenty  shil- 
lings, that  is,  according  to  the 
king's  *  wite ' ;  but  of  a  yet  less, 
with  sixty  shillings ;  and  for  a 
field-church,  with  thirty  shillings. 
Judgment  shall  ever  be  with  justice^ 
according  to  the  deed,  and  mitiga- 
tion according  to  its  degree. 


Article  6. 

And  respecting  tithes^  the  king 
and  his  *  witan '  have  chosen  and 
decreed^  as  is  just,  that  one-third 
part  of  the  tithe  which  belongs  to 
the  church  go  to  the  reparation  of 
the  church,  and  a  second  part  to 
the  sei-vants  of  God ;  the  third  to 
God^s  poor,  and  to  needy  ones  in 
thraldom. 


Articles  7,  8. 

And  be  it  known  to  every 
Christian  man  that  he  pay  to  his 
Lord  his  tithe  justly,  always  as  the 
plough  traverses  the  tenth  field, 
on  peril  of  God's  mercy,  and  of 


Canute's  Laws. 

have  like  consecration.  The 
*  grith-bryce '  of  a  chief  minster, 
in  cases  entitled  to  *  bot,'  is  accord- 
ing to  the  king's  *mund,'  that  is, 
five  pounds  by  English  law  ;  and 
in  Kent,  for  the  *  mund-bryce,''  five 
pounds  to  the  king,  and  three  to  the 
archbishop;  and  of  a  minster 
of  the  middle  class,  a  hundred 
and  twenty  shillings,  that  is, 
according  to  the  king's  '  wite ' ;  ^ 
and  of  one  yet  less,  where  there  is 
little  service,  provided  there  be  a 
burial-place,  sixty  shillings  ;  and 
of  a  field -church,  where  is  no 
burial-place,  thirty  shillings. 

\Pmitted  inCanute^  s  Laws, which 
restored,  in  C.  E.  Article  11,  the 
law  of  Edgar  as  to  manorial 
churches,  which  ^  Church- Grit h^ 
had  omitted,  thus : 

C.  E.  Article  14. 

*  Biit  if  there  be  any  thane  who 
has  a  church  on  his  boc-land,  at 
which  there  is  a  burial-place,  let 
him  give  the  third  part  of  his  own 
tithe  to  his  church.  And  if  any 
one  have  a  church  at  which  there 
is  no  burial-place,  let  him  do  for 
his  priest  what  he  will  from  the 
nine  parts.  And  let  every  church- 
scot  go  to  the  old  jninster,  according 
to  every  free  hearth.^} 

C.  E.  Article  8. 

And  if  then  any  one  will  not 
pay  the  tithe  as  we  have  decreed, 
that  is,  the  tenth  acre,  so  as  the 
plough  traverses  it ;  then  let  the 
king's  reeve  go,  and  the  bishop's, 


^  Fine  or  mulct. 


APPENDIX  E 


337 


*Church-Grith.' 

the  full  *  wite '  which  King  Edgar 
decreed  ;  that  is  (8),  if  any  one 
will  not  justly  pay  the  tithe,  then 
let  the  king's  reeve  go,  and  the 
mass-priest  of  the  minster,  or  of 
the  *  land-rica,'  and  the  bishop's 
reeve,  and  take  forcibly  the  tenth 
part  for  the  minster  to  which  it  is 
due,  and  assign  to  him  the  ninth 
part,  and  let  the  eight  parts  be 
divided  into  two,  and  let  the  land- 
lord take  possession  of  half,  half 
the  bishop  ;  be  it  a  king's  man, 
be  it  a  thane's. 

Article  9. 

And  let  every  tithe  of  young  be 
paid  by  Pentecost,  on  pain  of  the 
*  wite, '  and  of  earth-fruits  by  the 
equinox,  or,  at  all  events,  by  All 
Hallows  mass. 

Article  10. 

And  let  *  Rome-feoh '  be  paid 
every  year  by  St.  Peter's  mass ; 
and  let  him  who  will  not  pay  it 
give  in  addition  thirty  pence,  and 
to  the  king  pay  a  hundred  and 
twenty  shillings. 


Canute's  Laws. 

and  the  *  land-rica's,' ^  and  the 
mass-priest  of  the  minster,  and 
take  forcibly  the  tenth  part  for  the 
minster  to  which  it  is  due,  and 
assign  to  him  the  ninth  part ;  and 
let  the  eight  parts  be  divided  into 
two,  and  let  the  landlord  take 
possession  of  half,  half  the  bishop; 
be  it  a  king's  man,  be  it  a  thane's. 


C.  E.  Article  8  {first  part). 

And  let  God's  dues  be  lawfully 
and  willingly  paid  every  year,  that 
is  ...  a  tithe  of  young  by  Pente- 
cost, and  of  earth-fruits  by  All- 
Hallows  mass. 

C.  E.  Article  9. 

And  *  Rome-feoh'  by  St.  Peter's 
mass  ;  and  whoever  withholds  it 
over  that  day,  let  him  pay  the 
penny  to  the  bishop,  and  thirty 
pence  thereto,  and  to  the  king  a 
hundred  and  twenty  shillings. 


Article  II. 

And  let  church-scot  be  paid  by 
Martinmas  ;  and  let  him  who  does 
not  pay  it  indemnify  it  with  twelve- 
fold, and  a  hundred  and  twenty 
shillings  to  the  king. 


Article  12. 

Plough-alms,    it   is   fitting  that 
they  be  paid,  on  pain  of  the  '  wite,' 


C,  E.  Article  10. 

And  church-scot  at  Martinmas  ; 
and  whoever  withholds  it  over  that 
day  let  him  pay  it  to  the  bishop, 
and  indemnify  him  eleven  -  fold, 
and  to  the  king  a  hundred  and 
twenty  shillings. 

C.  E.  Article  8. 

Plough-alms  at  least  by  fifteen 
days  after  Easter. 


1  Land-rica  means  lord  of  the  soil 
Z 


338 


APPENDIX  E 


*Church-Grith.' 

every  year,  when  fifteen  days  are 
passed  after  Easter-tide  :  and  let 
light-scot  be  paid  at  Candlemass  ; 
let  him  do  it  oftener  who  will. 


Canute's  Laws. 

C.  E.  Article  12. 

And  light -scot  thrice  in  the 
year :  first  on  Easter-eve,  a  half- 
penny worth  of  wax  for  every  hide  ; 
and  again  on  A I  I- Hallows  mass,  as 
much ;  and  again  on  the  Purifica- 
tion of  St.  Mary,  the  like. 


AHicle  13. 

And  it  is  most  proper  that  soul- 
scot  be  always  paid  at  the  open 
grave. 

Article  14. 

And  let  all  God's  dues  be  fur- 
thered diligently,  as  is  needful. 


C.  E.  Article  13  {first  part). 

And  it  is  most  proper  that  soul- 
scot  be  always  paid  at  the  open 
grave. 

C.  E.  Article  14  {first  part). 

And  let  all  God's  dues  be  dili- 
gently furthered,  as  it  is  needful. 


Article  15. 

And  if  any  one  refuse  that,  let 
him  be  compelled  to  what  is  right 
by  secular  correction ;  and  let  that 
be  in  common  to  Christ  and  to  the 
king,  as  it  formerly  was. 


C.  S.  Article  49  {first  part). 

If  any  one  with  violence  refuse 
divine  dues,  let  him  pay  '  lah-slit ' 
among  the  Danes,  and  full  '  wite ' 
among  the  English,  or  let  him 
clear  himself;  let  him  take  eleven 
[parts]  and  he  himself  the  twelfth. 

C.  S.  Article  38  {last  part). 

Let  divine  'bot'  be  earnestly 
and  constantly  sought,  according 
as  the  books  prescribe ;  and  let 
secular  •  bot '  be  sought  according 
to  secular  laws. 


Article  16. 

And  let  festivals  and  fasts  be 
rightly  held,  on  peril  of  the  '  wite. ' 


C.  E.  Article  14  {last  part). 

And  let  festivals  and  fasts  be 
rightly  held,  and  let  every  Sun- 
day's festival  be  held  from  the 
noon  of  Saturday  till  the  dawn  of 
Monday,  and  every  other  mass- 
day  as  it  is  commanded. 


APPENDIX  E 


339 


*Church-Grith.' 
Article  17. 

And  let  Sunday  marketings  be 
strictly  forbidden,  on  peril  of  full 
secular  *  wite. ' 


Canute's  Laws. 
C.  E.  Article  15. 

And  Sunday  marketings  are  also 
strictly  forbid ;  and  every  folk- 
mote,  unless  it  be  for  great  neces- 
sity ;  and  let  huntings  and  all 
other  worldly  works  be  strictly 
abstained  from  on  that  holy  day. 


Article  18. 

And  let  the  rank  of  the  servants 
of  the  altar  be  respected  for  fear  of 
God. 


Article  19. 

If  a  mass-priest,  living  according 
to  rule,  be  accused  in  a  simple  suit, 
let  him  celebrate  mass,  if  he  dare, 
and  clear  himself  on  the  housel, 
himself  alone ;  and  in  a  triple 
suit,  let  him  clear  himself,  if  he 
dare,  likewise  on  the  housel,  vdth 
two  of  his  fellOw-ecclesiastics. 


C.  E.  Article  4  {first  and  Icist 
clauses). 

It  is  very  justly  incumbent  on 
all  Christian  men  that  .  .  .  they 
reverence  every  holy  order,  ac- 
cording to  its  rank.  .  .  .  There- 
fore, for  fear  of  God,  rank  is  dis- 
creetly to  be  acknowledged  in  holy 
orders. 

C.  E.  Article  5. 

And  if  it  happen  that  a  priest 
who  lives  according  to  rule  be 
charged  with  an  accusation  and 
with  evil  practices,  and  he  know 
himself  innocent  thereof,  let  him 
celebrate  mass  if  he  dare,  and  him- 
self clear  himself  on  the  house!  in 
a  simple  suit ;  and  in  a  threefold 
suit  let  him  also,  if  he  dare,  clear 
himself  on  the  housel,  with  two  of 
his  fellow-ecclesiastics. 


Article  20. 

If  a  deacon,  living  according  to 
rule,  be  accused  in  a  simple  suit, 
let  him  take  two  of  his  fellow 
ecclesiastics,  and  clear  himself 
with  them  :  and  if  he  be  accused 
in  a  triple  suit,  let  him  take  six  of 
his  fellow  ecclesiastics,  and  clear 
himself  with  them,  and  be  him- 
self the  seventh. 


C.  E.  Article  5  {continued). 

If  a  deacon,  living  according  to 
rule,  be  accused  in  a  simple  suit, 
let  him  take  two  of  his  fellow 
ecclesiastics,  and  with  them  clear 
himself :  and  if  he  be  accused  in  a 
threefold  suit,  let  him  take  six  of 
his  fellow  ecclesiastics,  and  with 
them  clear  himself,  and  be  himself 
the  seventh. 


340 


APPENDIX  E 


•  Church-Grith.' 
Article  2i. 

And  if  a  secular  mass-priest  be 
charged  with  an  accusation,  who 
follows  no  life  of  rule,  let  him 
clear  himself  so  as  a  deacon  who 
lives  a  life  of  rule. 

Article  22. 

If  a  friendless  servant  of  the 
altar  be  charged  with  an  accusa- 
tion, who  has  no  supporters  to  his 
oath  ;  let  him  go  to  the  'corsnsed,'  ^ 
and  then  fare  thereat  as  God  will, 
unless  he  may  clear  himself  on 
the  housel. 


Canute's  Laws. 
C  E.  Article  5  {continued). 

If  a  secular  mass-priest  be 
charged  with  an  accusation,  who 
has  no  regular  life,  let  him  clear 
himself  as  a  deacon  who  lives  a 
life  of  rule. 

C  E.  Article  5  {continued). 

And  if  a  friendless  servant  of 
the  altar  be  charged  with  an 
accusation,  who  has  no  support  to 
his  oath,  let  him  go  to  the 
*corsn3ed,'  and  then  thereat  fare 
as  God  will,  unless  he  may  clear 
himself  on  the  housel. 


Article  23. 

And  if  any  one  charge  one  in 
in  holy  orders  with  *  fsehthe,'  ^ 
and  say  that  he  was  a  perpe- 
trator or  adviser  of  homicide, 
let  him  clear  himself  with  his 
kinsmen,  who  must  bear  the 
*  faehthe '  with  him,  or  make  *bot' 
for  it. 

Article  24. 

And  it  he  be  kinless,  let  him 
clear  himself  with  his  associates, 
or  fast  for  *  corsnsed ' ;  and  thereat 
fare  as  God  may  ordain. 


Article  25, 

And  no  minster-monk  may  any- 
where lawfully  demand  'fcehthe- 
bot '  nor  pay  *  fsehthe-bot ' ;  he 
forsakes  his  law  of  kin  when  he 
submits  to  monastic  law. 


C.  E.  Article  5  {continued). 

And  if  a  man  in  orders  be 
charged  with  *  faehthe,'  and  it  be 
said,  that  he  was  perpetrator  or 
adviser  of  homicide,  let  him 
clear  himself  with  his  kinsmen, 
who  must  bear  the  *  faehthe  '  with 
him,  or  make  *  bot '  for  it. 

C.  E.  Article  5  {continued). 

And  if  he  be  kinless,  let  him 
clear  himself  with  his  associates, 
or  betake  himself  to  fasting,  if 
that  be  necessary,  and  go  to  the 
'corsnaed,'  and  thereat  fare  as 
God  may  ordain. 

C.  E.  Article  5  {continued). 

And  no  minster-monk  may  law- 
fully anywhere  demand  '  faehthe 
bot,'  nor  pay  *  faehthe-bot ' ;  he 
forsakes  his  kin  when  he  submits 
to  monastic  law. 


1  Ordeal. 


^  A  deadly  feud. 


APPENDIX  E 


341 


*  Church-Grith.' 

Article  26. 

If  a  mass-priest  become  a 
homicide,  or  otherwise  flagrantly 
commit  crime,  let  him  then  forfeit 
both  his  order  and  his  country, 
and  be  an  exile  as  far  as  the  Pope 
may  prescribe  to  him,  and  strictly 
do  penance. 


Canute's  Laws. 

C.  S.  Article  41. 

If  a  servant  of  the  altar  be  a 
homicide,  or  else  work  iniquity 
very  enormously ;  let  him  then 
forfeit  both  degree  and  country, 
and  go  in  exile  as  far  as  the 
Pope  shall  prescribe  to  him,  and 
earnestly  do  penance. 


Article  27, 

If  a  mass-priest  stand  anywhere 
in  false  witness  or  in  perjury,  or 
be  cognisant  and  perpetrator  of 
thefts ;  let  him  then  be  cast  out 
from  the  community  of  ecclesi- 
astics, and  forfeit  both  their  society 
and  friendship,  and  every  dignity  ; 
unless  he  the  more  deeply  make 
*  bot '  to  God  and  men,  entirely 
as  the  bishop  may  direct  him, 
and  find  himself  *borh,'i  that 
henceforth  he  will  ever  abstain 
from  the  like  ;  and  if  he  desire  to 
clear  himself,  let  him  clear  himself 
according  to  the  degree  of  the 
deed,  either  with  a  threefold  or 
with  a  simple  *  lad,'  2  according  as 
the  deed  may  be. 


C.  E,  Article  5  {continued). 

And  if  ever  a  mass-priest  stand 
anywhere  in  false  witness  or  in 
perjury,  or  be  cognisant  of  and 
perpetrator  of  thefts,  then  let  him 
be  cast  out  from  the  community 
of  ecclesiastics,  and  forfeit  both 
their  society  and  friendship,  and 
every  dignity ;  unless  he  the  more 
deeply  make  •  bot '  to  God  and 
men,  as  the  bishop  may  direct 
him,  and  find  himself  *  borh ' 
that  henceforth  he  will  ever  abstain 
from  the  like.  And  if  he  desire 
to  clear  himself,  then  let  him  clear 
himself  according  to  the  degree  of 
the  deed,  either  with  a  threefold 
or  with  a  simple  *  lad,'  according 
as  the  deed  may  be. 


Articles  28,  29. 

If  a  servant  of  the  altar,  by  the 
instruction  of  books,  his  own  life 
rightly  order,  then  let  him  be 
entitled  to  the  full  *  wer '  and 
dignity  of  a  thane,  both  in  life 
and  in  the  grave.  (29)  And  if  he 
misorder  his  life^  let  his  honour 
wane,  according  as  the  deed  may  be. 


C.  E.  Article  9. 

We  beseech  and  instruct  all 
God's  servants,  and  especially 
priests,  that  they  obey  God  and 
love  chastity.  .  .  .  And  let  him 
who  will  abstain  from  this  (inter- 
course with  women)  and  preserve 
his  chastity,  have  God's  mercy, 
and,  for  worldly  honour,  be  he 
worthy  of  thane-law. 


1  Secvuity. 


Purgation. 


343 


APPENDIX  E 


*  Church-Grith.' 
Article  30. 

Let  him  know,  if  he  will,  that 
it  befits  him  not  to  have  any 
concern  either  with  women,  or 
with  temporal  war ;  if  he  desire 
uprightly  to  obey  God,  and  observe 
God's  laws,  as  is  properly  becom- 
ing to  his  order. 


Canute's  Laws. 
C.  E.  Article  6  {middle  part). 

And  we  beseech  and  instruct  all 
God's  servants,  and  especially 
priests,  that  they  obey  God  and 
love  chastity,  and  secure  them- 
selves against  God's  ire,  and 
against  the  fierce  burning  which 
rageth  in  hell.  Full  well  they 
know  that  they  have  not  lawfully 
through  concubinage  intercourse 
with  women. 


Article  31. 

And  we  earnestly  instruct,  and 
affectionately  beseech,  that  men  of 
every  order  live  that  life  which  is 
becoming  to  them  :  and  we  will 
that  henceforth  abbots  and  monks 
live  more  according  to  rule  than 
before  this  they  had  in  custom. 

Article  32. 

And  the  king  commands  all  his 
reeves y  in  every  place,  that  ye  pro- 
tect the  abbots  on  all  secular  occa- 
sions, as  ye  best  may  ;  and,  as  ye 
desire  to  have  God's  or  my  friend- 
ship, that  ye  aid  their  stewards 
everywhere  to  right ;  that  they 
themselves  may  the  more  uninter- 
ruptedly dwell  closely  in  their 
minsters,  and  live  according  to 
rule. 

Articles  33,  34. 

And  if  any  one  wrong  an  ecclesi- 
astic or  a  foreigner,  through  any 
means,  as  to  money  or  as  to  life ; 
or  bind,  or  beat,  or  insult  him  in 


C.  E.  Articled  {first part). 

And  we  will,  that  men  of  every 
order  readily  submit,  each  to  that 
law  which  is  becoming  to  him  ; 
and  above  all,  let  the  servants  of 
God,  bishops  and  abbots,  monks 
and  mynchens,^  submit  to  law, 
and  live  according  to  rule. 

\P771itted  in  Canute's  Laws. '\ 


C.  S.  Article  40. 

And  if  any  one  wrong  a  man 
in  holy  orders,  or  a  foreigner, 
through  any  means,  as  to  money 
or  as  to  life,  then  shall  the  king 


Nuns. 


APPENDIX  E 


343 


'Church-Grith.' 

any  way,  then  shall  the  king  be 
unto  him  in  the  place  of  a  kins- 
man and  of  a  protector,  unless  he 
else  have  another.  (34)  And  let 
*  bot '  be  made  both  to  him  and 
the  king,  as  is  fitting,  according 
as  the  deed  may  be,  or  let  him 
avenge  the  deed  very  deeply. 


Canute's  Laws. 

be  unto  him  in  the  place  of  a 
kinsman  and  of  a  protector,  unless 
he  have  another  lord  besides ; 
and  let  'bot'  be  made  to  the 
king  as  it  may  be  fitting,  or  let 
him  avenge  the  deed  very  deeply. 


C.  S.  Article  42. 

If  any  one  bind  or  beat  or 
grossly  insult  a  man  in  holy 
orders,  let  him  make  *  bot '  to 
him  as  may  be  right,  and  to  the 
bishop,  with  an  *  altar-bot,'  ac- 
cording to  the  degree  of  his 
order ;  and  to  the  lord  or  the 
king,  according  to  the  full  'mund- 
bryce,'  or  clear  himself  with  a 
full  « lad.' 


Article  35. 

It  is  veiy  justly  incumbent  on 
Christian  men  that  they  very 
diligently  avenge  any  offence 
against  God. 


C.  S.  Article  40  {end). 

It  belongs  very  rightly  to  a 
Christian  king,  that  he  avenge 
God's  anger  very  deeply,  accord- 
ing as  the  deed  may  be. 


Articles  z^,  37,  38,  39. 
{See  below.') 


Article  40. 

And  if  any  one  will  properly 
cleanse  the  land,  then  must  he 
inquire  and  diligently  trace  where 
the  criminals  have  their  dwelling, 
who  will  not  desist,  nor  make 
*  bot '  before  God ;  but  wherever 
they  may  be  found,  let  them  be 
compelled  to  right,  willingly  or 
unwillingly ;  or  let  them  altogether 


C.  S.  Article  4. 

And  we  command  that  ye  under- 
take diligently  to  cleanse  the 
country  on  eveiy  side,  and  every- 
where to  desist  from  evil  deeds  ; 
and  if  witches  or  diviners, 
'  morth  '  -  workers  ^  or  adulterers 
be  anywhere  found  in  the  land, 
let  them  be  diligently  driven  out 
of    this    country ;     or    let    them 


Assassins. 


344 


APPENDIX  E 


*  Church-Grith.' 

withdraw  from  the  countiy  unless 
they  submit  and  turn  to  right. 


Canute's  Laws. 

totally  perish  in  the  country, 
except  they  desist  and  the  more 
thoroughly  amend.  And  we  com- 
mand that  adversaries  and  outlaws 
of  God  and  men  retire  from  the 
country,  unless  they  submit  and 
the  more  earnestly  amend ;  and 
let  thieves  and  public  robbers 
forthwith  perish  unless  they  desist. 


C.  S.  Article  6. 

Let  manslayers  and  perjurers, 
violators  of  holy  orders  and  adul- 
terers, submit  and  make  *bot,'  or 
with  their  sins  retire  from  the 
country. 

C.  S.  Article  7. 

Let  cheats  and  liars,  robbers 
and  reavers,  have  God's  anger, 
unless  they  desist,  and  the  more 
thoroughly  amend  :  and  whoever 
will  lawfully  cleanse  the  country, 
and  suppress  injustice,  and  love 
righteousness,  then  must  he  dili- 
gently correct  such  things,  and 
shun  the  like. 


Article  41. 

If  a  monk  or  a  mass-priest  become 
altogether  an  apostate^  let  him  be 
for  ever  excommunicated ^  unless  he 
the  more  readily  submit  to  his  duty. 


[Omitted    in     Canute* s     Laws — 
probably  as  superfluous.] 


Article  42. 

And  he  who  holds  an  outlaw  of 
God  in  his  power  over  the  term 
that  the  king  may  have  appointed, 
he  acts,  at  peril  of  himself  and  all 


C,  S.  Article  67. 

If  any  one  unlawfully  have  a 
God-*flyma,'i  let  him  give  him 
up  to  justice,  and  compensate  to 
him  to  whom  it  is  due,  and  pay 


^  A  fugitive  from  ecclesiastical  justice. 


APPENDIX  E 


345 


*Church-Grith.' 

his  property,  against  Chrisfs  vice- 
gerent^ who  preserves  and  sways 
over  Christianity  and  kingdom  as 
long  as  God  grants  it. 


Canute's  Laws. 

to  the  king  according  to  his  *  wer- 
gild.'i  If  any  one  have  and  hold 
an  excommunicated  person  or  an 
outlaw,  let  him  peril  himself  and 
all  his  property. 


Article  43.    [See  below.) 


Article  44. 

And  let  us  zealously  venerate 
right  Christianity,  and  totally 
despise  every  heathenism  ;  and  let 
us  faithfully  cherish  our  royal 
lord  ;  and  let  every  friend  love  his 
fellow  with  right  fidelity,  and 
cherish  him  with  justice. 


C.  E.  Article  19. 

And  let  every  Christian  man  do 
as  is  needful  to  him ;  let  him 
strictly  keep  his  Christianity.  .  .  . 
And  let  every  friend  guide  his 
words  and  works  aright,  and  care- 
fully keep  oath  and '  wed '  (pledge) : 
and  let  every  injustice  be  strictly 
cast  out  of  the  country,  as  far  as  it 
can  be  done  :  and  let  God's  law 
be  henceforth  earnestly  loved  by 
word  and  by  works ;  then  will 
God's  mercy  be  the  more  ready 
for  us  all. 


C.  E.  Article  20. 

Let  us  also  earnestly  do,  as  we 
will  yet  teach  ;  let  us  all  be  always 
faithful  and  true  to  our  lord,  and 
ever  exalt  his  dignity  with  all  our 
powers,  and  execute  his  will ; 
because  all  that  we  ever  do  as  just 
fidelity  to  our  lord,  we  do  it  all  to 
our  own  great  behoof;  because 
God  verily  is  faithful  to  him  who 
is  rightly  faithful  to  his  lord.   .   . 

C.  S,  Article  5. 

And  we  earnestly  forbid  every 
heathenism,  etc. 


^  A  fine,  for  which  the  relatives  or  guild-brethren  of  an  offender  were 
answerable. 


346  APPENDIX  E 


The  following  five  articles,  which  are  in  Church-Grith  only, 
are  historical  and  didactic. 

Article  36. 

And  wise  were  those  secular  %vitan^  who  to  the  divine  laivs  of  right 
added  secular  laws,  for  the  people's  government ;  and  directed  the  '  hot ' 
to  Christ  and  the  king^  that  many  should  thus  of  necessity  be  compelled 
to  do  1-ight. 

Article  37. 

But  in  those  ^ gemots,^  though  deliberately  held  in  places  of  note ^  after 
Edgar's  lifetime^  the  laws  of  Christ  waned,  and  the  king's  laws  ivere 
impaired. 

Article  38. 

And  then  was  separated  what  was  before  in  common  to  Christ  and  the 
king  in  secular  government ;  and  it  has  ever  been  the  worse  before  God 
and  before  the  world:  let  it  now  come  to  an  amendment,  if  God  will  it. 

Article  39. 

And  an  amendment^  however,  may  yet  come,  if  it  be  diligently  and 
earnestly  undertaken. 

Article  43. 

But  let  us  do  as  is  needful  to  us  ;  let  us  take  to  us  for  an  example 
that  which  former  secular  '  witan  '  deliberately  instituted  ;  Aethelstan, 
and  Edmund,  and  Edgar  who  was  last ;  how  they  worshipped  God, 
and  observed  God^s  law,  and  rendered  Christ'' s  tribute,  the  while  that 
they  lived.  And  let  us  love  God  with  inward  hearty  and  heed  God^s 
lawsy  as  well  as  we  best  can. 


APPENDIX  F  (see  pp.  235,269) 

Letter  of  Pope  Leo  IX.  to  King  Edward  the  Confessor, 
urging  the  removal  of  the  see  of  Crediton,  and  its  bishop, 
Leofric,  to  Exeter :  written  on  the  last  page  of  the  '  Peni- 
tential '  manuscript  volume,  presented  by  Bishop  Leofric  to  the 
Church  of  Exeter,  and  now  in  the  Bodleian  Library  (No.  718): 

Leo  episcopus,  servus  servorum  Dei,  Eadwardo  Anglorum  Regi, 
salutem  carissimam,  cum  benedictione  Apostolica.  Si  bene  habes,  et 
bene  vales,  inde  non  modicas  Domino  Jesu  Christo  referimus  gratias  ; 
et  hoc  optamus,  ut  ita  luculenter  possideas  regni  gubernacula,  ut  in 
seterna  maneas  tabemacula.  Et  quia  audivimus  te  circa  Dei  aecclesias 
et  secclesiasticos  viros  studiosum  et  religiosum  esse,  inde  multum 
gaudemus,  et  hoc  ammonemus,  atque  benigne  rogamus,  ut  ita  in  Dei 
opere  perseverare  studeas,  quatinus  Regi  regum  Deo  placere  valeas, 
atque  cum  I  Ho  in  caelesti  regno  permaneas. 

Notum  itaque  est  nostrse  pietati,  qualiter  Leowricus  Episcopus  sine 
Civitate  sedem  pontificalem  tenet ;  unde  multum  miramur,  non  de  illo 
solo,  sed  de  omnibus  illis  Episcopis  qui  talia  agunt.  Cum  vero  ad  vos 
nostrum  miserimus  Legatum,  de  aliis  dicemus.  Nunc  hoc  de  nostro 
fratre  jam  dicto  Leowrico  praecipimus  atque  rogamus ;  ut  propter 
Deum,  et  nostri  amoris  causa,  adjutorium  praebeas,  ut  a  Credionensi 
villula  ad  civitatem  Exonia  (?  Exonise)  sedem  Episcopalem  possit 
mutare.  Hsec  et  alia  bona  opera  ita  agere  studeas,  ut  a  Christo 
Domino  seternum  regnum  adquirere  valeas. 

Vale  Karissime  semper  in  Domino. 


APPENDIX  G  (see  pp.  264-269) 

Clauses  in  the  Exeter  Rule  of  Life  for  Canons,  which  relate 
to  meals  and  the  dormitory.  (From  the  manuscript  in  the 
Library  of  Corpus  Christi  College,  Cambridge :  Nasmith's 
No.  191.) 

Article  5.   De  eo  quod  in  congregatiom  canonica  equaliter  cibus 
et  potus  accipiatur. 

Solet  in  plerisque  canonicohim  congregationibus  inrationabiliter 
atque  indiscrete  fieri,  ut  npn  nulli  clerici  qui  divitiis  affluant  aut  parvum 
aut  nihil  utilitatis  ecclesie  conferant,  majorem  ceteris  divinum  strenue 
peragentibus  officium  annonam  accipiant ;  cum  hoc  ita  fieri  debere 
nunquam  in  auctoritate  scripturarum,  nee  in  traditionibus  sanctorum 
patrum,  possit  inveniri.  Est  nempe  rationabile,  justumque  coram  Deo 
et  hominibus,  ut  in  unaquaque  canonica  congregatione,  a  minimo 
usque  ad  maximum,  cibum  et  potum  sequaliter  accipiant.  Hi  videlicet, 
qui  propter  aliquam  utilitatem  in  numero  canonicorum  fuerint  admissi, 
quanquam  enim  plerique  subditorum  a  praelatis  rebus  quibuslibet  aliis 
plus  ceteris  merito  solent  honorari,  in  hac  tamen  societate,  reclusa  per- 
sonarum  acceptione,  una  (?  usus)  debet  cibi  et  potus  equalis  esse. 

Article  6.   De  mensura  cibi  et  potus. 

Quando  clerus  una  aut  bina  vice  in  die  reficit,  accipiat  a  minore 
usque  ad  maximum  iiii  libras  panis ;  et  quando  bis  in  die  reficit,  pul- 
mentum  vero  ad  sextam,  unam  ministrationem  de  came  inter  duos,  et 
cibaria  alia,  una  accipiant ;  et,  si  cibaria  non  habent,  tunc  duas  minis- 
trationes  de  came  habeant.  Illo  tempore  quando  quadragesimalem 
vitam  debent  ducere,  tunc  ad  sextam  inter  duos  clericos  portionem  de 
formatico,  et  cibaria  alia,  accipiant.  Et  si  pisces  habuerint  aut  legumen 
aut  aliud  aliquid,  addatur  et  tertium  ;  et  ad  cenam  cibaria  alia  inter 
duos,  et  portionem  de  formatico  accipiant ;  et  si  Deus  amplius  dederit, 


APPENDIX  G  349 


cum  gratiarum  actione  accipiant.  Quando  autem  in  die  una  refectio 
fuerit,  tunc  cibaria  una  inter  duos,  et  portionem  de  formatico  et  minis- 
trationem  de  legumine  aut  aliud  pulmentum  accipiant.  Et  si  contigerit 
quod  illo  anno  glandes  vel  fagina  non  sint,  et  non  habent  unde  hanc 
mensuram  de  came  impleant,  prevideat  Episcopus,  vel  qui  sub  eo  est, 
juxta  quod  Deus  possibilitatem  dederit,  aut  de  quadragesimali  alimento, 
aut  alio,  unde  consolationem  habeant.  Et  si  eadem  regio  vinifera 
fuerit,  accipiant  per  singulos  dies  quinque  libras  vini,  si  tamen  sterilitas 
impedimentum  non  fecerit  temporis.  Si  vero  vinifera  plena  non 
fuerit,  tres  libras  vini,  et  tres  cervise,  et  caveant  ebrietatem.  Si  vero 
contigerit  quod  vinum  minus  fuerit,  et  istam  mensuram  Episcopus,  vel 
qui  sub  eo  est,  implere  non  potest,  juxta  quod  prevalet  impleat  de 
cervisa,  et  eis  consolationem  faciat ;  et  illis  qui  se  a  vino  abstinent 
prsevideat  Episcopus,  vel  qui  sub  eo  est,  ut  tantum  habeant  de  cervisa 
quantum  de  vino  habere  debuerant.  Quando  vero  facultas  ecclesie  non 
supetit,  aut  sterilitas  terre  extiterit,  sicut  crebro,  peccatis  nostris  pre- 
pedientibus,  evenire  solet,  et  prelati  quantum  debent  dare  vinum  aut 
siceram  seu  cervisam  canonicis  nequiverint,  provideant  eis  potum  ex 
diversis  materiis  confectum  ;  non  ei  autem  murmurent,  sed  magis  cum 
gratiarum  actione  quod  dari  sibi  potest  accipiant,  animadvertentes 
Johannem  Baptistam,  qui  nee  vinum,  nee  siceram,  nee  aliquid  quod 
potest  inebriare  bibit ;  quia  ubi  ebrietas  fit,  ibi  flagitium  atque  peccatum 
est.  Et  hoc  admonemus,  ut  clerus  sobriam  semper  ducat  vitam ;  et, 
quia  persuadere  non  possumus  ut  vinum  non  bibant,  vel  consentiamus 
hoc,  ut  saltem  in  illis  ebrietas  non  dominetur ;  quia  omnes  ebriosos 
Apostolus  a  regno  Dei  extraneos  esse  denuntiat,  nisi  per  dignam 
paenitentiam  emendaverint.  Habeant  igitur  canonici  ortos  olerum,  ut 
cum  ceteris  additamentis  aliquod  pulmentum  cotidie  sibi  vicissim 
ministrent. 

Article  7.   De  sephalanaxiis  coquini. 

Clerici  canonici  sic  sibi  invicem  serviant,  ut  nullus  excussetur  a 
coquine  officio,  nisi  egritudine  aut  causa  gravis  utilitatis  quis  pre- 
occupatus  fuerit ;  quia  exinde  major  merces  et  caritas  adquiritur, 
imbecillibus  autem  fratribus  procurrentur  solacia,  ut  non  cum  tristitia 
hoc  faciant,  sed  habeant  solacia  omnes  secundum  modum  congregationis 
aut  positionem  loci.  Archidiaconus,  aut  prepositus,  vel  cellerarius,  et 
qui  in  majoribus  utilitatibus  occupati  sunt,  isti  excusentur  a  coquina ; 
ceteri  autem  sub  caritate  invicem  serviant.  Egressurus  de  septimana 
sabbato  munditias  vasorum  faciat,  et  vasa  ministerii  sui  que  ad 
ministrandum  accepit  sana  et  munda  cellerario  reconsignet ;  et  si 
aliquid  ex  illis  minuatum  fuerit,  ad  capitulum  die  sabbato  veniam  petat, 
et  vasa  vel  quod  minuatum  est  in  loco  restituat. 


3SO  APPENDIX  G 


Article  1 1.  De  eo  quod  diligenter  munienda  sunt  claustra  canonicorum 
in  qnibus  dormiunt  canonici. 

Prepositorum  cura  sit,  ut  subditorum  mentes  sacrarum  scripturarum 
lectionibus  assidue  muniant,  ne  lupus  invisibilis  aditum  inveniat,  quo 
ovile  Domini  ingredi  et  aliquam  ovium  subripere  valeat.  Et  praeterea 
necesse  est,  ut  claustra  que  clero  sibi  commisso  canonice  servandum 
est  firmis  undique  circumdent  munitionibus,  ut  nuUi  omnino  intrandi 
aut  exeundi  nisi  per  portam  pateat  aditus.  Sint  etiam  interius  dormitoria, 
refectoria,  cellaria,  et  cetere  habitationes  usibus  fratrum  in  una  societate 
viventium  necessaria.  Omnes  enim  in  uno  dormiant  dormitorio, 
praeter  illos  quibus  Episcopus  licentiam  dederit  secundum  quod  ei 
rationabiliter  visum  fuerit.  Et  in  ipsis  claustris  per  dispositas  mansiones 
dormiant  separatim  per  singulos  singuli  lectulos,  mixti  cum  senioribus 
propter  prudentiam  bonam ;  ut  seniores  provideant  quod  juniores 
secundum  Deum  agant ;  et  in  ipsa  claustra  nulla  femina  introeat,  nee 
laicus  homo,  praeter  tantum,  si  Episcopus  aut  archidiaconus  vel  prse- 
positus  jusserint  ut  in  refectorio  pro  refectionis  causa  veniant,  relictis 
armis  suis  ante  refectorium.  Et,  si  necesse  fuerit  ad  opera  facienda, 
intrent  ibi  laici  homines  ;  ut,  ubi  perfectum  habuerint  opus  suum,  cum 
summa  festinatione  egrediantur  foras.  Et  si  coci  clerici  desunt,  et 
opus  fuerit  ut  laici  coci  ad  coquinandum  tantum  ingrediantur,  ut 
expleto  ministerio  sue  cum  celeritate  exeant  foras. 


APPENDIX  H  (see  pp.  313-316). 

Consecration    Charters    of   Churches,    endowed    by    their 
Founders  at  the  time  of  consecration  with  tithes. 

1.  Cadillac  in  France:  (from  'Forms  of  Marculfus,'  Baluze, 
Capitularia  Regum  Francorum  ;  vol.  ii.  p.  442. ) 

*  Regnante  Domino  Jesu  Christo  in  perpetuum ;  Ego  ille  Episcopus  : 
Omnibus  non  habetur  incognitum,  qualiter  ego,  ampliante  Domino,  in 
pago  in  villa  cujus  vocabulo  est  ibi  Sancti  .  .  .  atque  Sancti  Stephani, 
vel  in  honore  ceterorum  sanctorum  quorum  ibidem  reliquiae  quiescunt, 
construxi,  atque  Kalendas  Junii  dedicare  certavi,  consentientibus  etiam 
confratribus,  tam  canonicis  quam  et  monachis,  vel  ceteris  hominibus  qui 
ad  praesentes  fuerunt,  ut  villae  quarum  vocabula  sunt  Cadiliaco,  etc.  etc. 
etc.,  ut  ibidem  aspicere  deberent,  ad  missas  veniendi  et  ad  baptismum 
vel  prsedicationem,  et  ut  decimas  suas  ad  menioratam  basilicam  dare 
deberent.  Propterea,  pro  firmitatis  studium  banc  consensionem  scribere 
"rogavimus,  ut  temporibus  nostris  atque  successoribus  nostris  hsec  nostra 
consensio  firma  et  stabilis  valeat  permanere,  et  sciant  omnes,  tam 
praesentes  quam  et  absentes,  seu  successores  nostri,  quia  dedimus  in 
memoratum  ilium  Cadiliaco  duos  mansos  ad  ipsam  luminariam  pro- 
videndam,  vel  unde  presbyter  qui  ibidem  officium  fungere  videtur 
vivere  debeat.  Et  addimus  ad  hoc  insuper  de  terra  arabile  .  .  . ,  et  de 
vinea  aripenne  uno  et  dimidio,  ut  sevo  tempore  in  elimosinam  nostram 
seu  successorum  nostrorum  ita  valeat  perdurare.  Actum  fuit  hoc  ab 
die  memorato  KL.  Junii,  in  anno  VIII  Christo  propitio  Imperii  Domni 
Karoli  Serenissimi  Augusti,  et  anno  [xliii]  regni  ejus  in  Francia,  atque 
XXXV  in  Italia,  Indictione  prima  ;  in  Dei  nomine  feliciter  :  Amen.  His 
prsesentibus  qui  adfuerunt  illuc  his  proesentibus.' 

2.  Exhall,  in  Wanvickshire  (from  Dugdale's  History  of  Warwick- 
shire, 1656;  p.  630). 

•  Universis  etc.  Simon,  Dei  Gratia  Wigomiensis  Ecclesise  minister 
humilis,  in  Domino  salutem.      Confirmo  praesenti  pagina  donationem 


352  APPENDIX  H 


quam  probi  homines  de  Eccleshala  donavenint  ecclesise  prsedicti 
manerii,  in  die  qua  earn  dedicavi.  Sciendum  est  autem,  quod 
Robertus  Corbusceon  et  ejus  uxor  donaverunt  eidem  ecclesiae  in 
perpetuum  unam  virgatam  terrse,  cum  prato  ad  tantum  terrse 
pertinente,  et  totam  suam  partem  ejusdem  crofti,  exceptis  duabus 
acris,  quas  Wido  erga  eum  excambiavit  ad  opus  ejusdem  ecclesiae,  et 
cum  moro  sub  crofto.  Wido  vero  ex  sua  parte  quatuor  acras  in 
campo,  et  dimidium  in  prato ;  et  Robertus  similiter  duas  acras. 
Hanc  donationem  similiter  omnes  fecerunt,  cum  decimis  suis  plenariis^ 
eidem  ecclesiiK,  liberam  et  quietam  ab  omni  seculari  servitio.  Et 
ego  ex  mea  parte  volo  et  prgecipio,  ut  libera  sit  et  quieta  ab  omni 
Episcopali  consuetudine.  Qui  autem  aliquid  inde  subtraxerit,  sive 
minuere  vel  perturbare  praesumpserit,  anathematis  gladio  feriatur. 
Testibus,  Gervasio  Archidiacono,  Radulpho  Priore  de  Stanes,  Pagano 
Capellano,  etc' 

3,  Hay,  in  Brecknockshire  {ixom.  Kennett's  Case  of  Impropriations ^ 
1704;  Appendix  3,  p.  4). 

*  Bernardus,  Dei  gratia  Episcopus  de  Sancto  David,  omnibus  sanctse 
Dei  Ecclesise  fidelibus  salutem,  Deique  benedictionem  et  suam. 
Sciant  tam  presentes  quam  futuri,  quod  quando  dedicavimus  ecclesiam 
beatae  Marise  de  Haya,  Willielmus  Revel,  concessu  Bernardi  de  Novo 
Mercato  qui  interfuit  dedicationi,  dedit  et  concessit  in  perpetuam 
elemosinam  et  dotem  ipsius  ecclesiae  xv  acras  terrse,  et  duas  mansuras 
terrse,  videlicet,  Lavenochi  prepositi  et  Alverici  bubulci,  et  totam 
illam  terram  quae  est  ab  illis  mansuris  sursum  in  nemore  usque  ad 
divisas  de  Ewias,  et  in  bosco  et  in  piano  ;  dedit  etiam  eidem  ecclesice 
totam  decimam  totius  terrce  sum  de  Haia^  in  omnibus  rebus,  et  de 
terra  Ivonis  et  de  Meleniauc,  et  de  omnibus  istis  qui  de  feudo  Haia 
tenebant.  Et  ne  in  posterum  inde  fiat  dubitatio,  has  deterj?tinate 
dedit  et  concessit  decimas  ;  videlicet,  de  blado  et  foeno,  et  de  pullanis 
et  vitulis,  de  agnis  et  porcellis,  de  lana  et  caseo,  et  virgulto,  et  de 
reditu  Walensium,  et  pasnagio,  et  placitis.  Quicunque  vero  aliquid 
inde  subtraxerint  vel  diminuerint,  excommunicentur,  et  a  consortio 
Dei  omniumque  Sanctorum  ejus  sequestrentur,  donee  ad  emendationem 
veniant.  Hujus  autem  donationis  testes  sunt  clerici  nostri  ;  videlicet, 
Willelmus  archidiaconus  de  Kermerdin,  et  Elias  Archidiaconus  de 
Brechon,  et  Brientius  clericus  Regis  Henrici,  et  Bernardus  de  Novo 
Mercato,  et  Ricardus  Filius  Puncii,  Valete. 

\Ex  Cartulario  Prioratus  S.  Johannis  Evang.  de  Brechon,    MS.  f.  47.] 


APPENDIX    I   (seep.  316) 

ANCIENT  GRANTS   OF,    OR   COMPOSITIONS   AS   TO,    TITHES 

I.  A.D.  II 00.  [Between  the  new  parish  church  of  Chale, 
on  its  consecration,  and  the  old  parish  church  of  Carisbrook, 
in  the  Isle  of  Wight. — From  Archceo logical  Journal^  vol.  i. 
p.  392  :  London,  1845.] 

Carta  Willielmi  Wint.  Episcopi  de  Ecclesia  de  Chale.  Anno  ab 
incarnatione  Domini  MC.  xiiii.  Kal.  Decembr.  facta  est  Conventio  in 
Insula  Vecta  inter  Ecclesiam  Sanctae  Mariae  de  Caresbroc  et  Almetum 
eiusdem  Ecclesiae  presbiterum,  et  ecclesiam  S.  Andreae  de  Chale  et 
Hugonem  Gernun  qui  eandem  Ecclesiam  fundavit,  in  presentia  Willielmi 
Giffard  Wintoniensis,  qui  eadem  die  praedictam  Ecclesiam  de  Chale 
dedicavit ;  apud  quam  dedicationem  exclamata  et  confirmata  est  haec 
Conventio  multorum  testimonio.  Almetus  presbiter  calumpniabatur 
quod  Ecclesia  de  Chale  erat  de  parochia  Ecclesiae  Sanctae  Mariae  de 
Caresbroc,  et  Hugo  Gernun  dicebat  quod  homines  de  feodo  suo  non 
erant  de  Ecclesia  de  Caresbroc  vel  alibi  attitulati,  set  vivi  potuerant 
ire  antiqua  consuetudine  ad  quam  vellent  Ecclesiam,  et  mortuorum 
corpora  ubicunque  vellent  sepelire.  Hoc  dicebat  eos  potuisse  et  fecisse. 
Almetus  autem  hoc  negabat,  et  per  considerationem  calumpniae  suae 
probationem  offerebat.  Sed  ne  dampnum  super  utramlibet  Ecclesiam 
verteretur  et  ut  pax  et  amor  inter  eos  et  ipsorum  amicos  confirmaretur, 
per  considerationem  communium  amicorum  et  per  concessionem  et 
confirmationem  Episcopi  facta  est  haec  Concordia.  Hug.  Gernon 
concessit  Ecclesiae  S.  M.  de  Caresbroc  totam  medictatem  terrae  et 
decimarum  et  sepulturae  et  oblationum,  eccepta  propria  domo  sua, 
quas  miserunt  vel  mittent  ad  Ecclesiam  de  Chale  sive  homines  in  ipsius 
Hugonis  feodo  manentes,  sive  quicunque  alii.  Et  ad  servicium  et 
sustentationem  et  defensionem  et  reparationem  Ecclesiae  remanet  sine 
participatione  terra  qua  Hugo  dotavit  Ecclesiam  et  decima  propriarum 
carucarum,  et  ut  supradictum  est  oblationes  propriae  domus.  Et 
presbiter  de  Chale  faciet  totum  servicium  Ecclesiae  in  vivis  et  defunctis, 

2  A 


354  APPENDIX  I 


in  libris  et  vestimentis,  in  defensione  et  reparatione,  eciam  si  funditus 
corruerit.  Et  hoc  totum  faciei  sine  auxilio  et  erogatione  presbiteri  de 
Caresbroc.  Et  per  banc  Concordiam  concessit  Almetus  gresbiter  fieri 
atrium  apud  Ecclesiam  de  Chale.  Hanc  Conventionem  Episcopus 
sigilli  sui  testimonio  approbavit,  et  sub  perpetuo  Anathemate  cou- 
firmavit  ut  quicunque  hanc  Conventionem  scienter  violaverit  anathema 
sit.  Testibus  hiis  Richerio  Capellano  Episcopi  et  decano,  Stephano 
clerico,  Rogero  de  Melafold,  Radulfo  Mansello. 


2.  Translation  of  a  composition,  dated  a.d.  ii8i,  in  the 
Register  of  Llanthony  Abbey,  between  the  Prior  of  Llanthony, 
claiming  in  right  of  the  parish  church  of  Hasfield  in  Gloucester- 
shire (appropriated  to  his  Abbey),  and  Roger  Fitz-Alan,  on 
behalf  of  the  chapel  of  Harescombe  in  the  same  county. 

Be  it  known,  that  the  contention  which  had  sprung  up  between 
Roger  Prior  of  Lanthony  and  Roger  Fitz-Alan  concerning  the  Chapel 
of  Hassefeld  which  appertains  to  the  Mother  Church  of  Hassefeld,  has 
been  settled  in  the  manner  following  : — The  Church  of  Hassefeld  is  to 
receive  in  full  everything  which  appertains  to  parochial  rights  in  the 
vill  of  Harsecumbe,  i.e.  all  tithes,  as  well  of  the  Curia  as  of  the  Villeins, 
Oblations,  Baptisms,  Confessions,  and  Devises  of  the  dying,  with 
Burials,  and  in  fact  all  things  pertaining  to  parochial  rights,  so  that  of 
all  these  let  the  Chaplain  of  the  said  Chapel  usurp  nothing.  The  said 
Chaplain  shall  be  sustained  by  those  things  which  Alan  Fitzmayer 
granted  him  at  the  constitution  of  the  said  Chapel,  i.e.  the  second 
tithing  of  the  wheat  of  his  demesne  of  Harsecumbe  ;  the  first,  together 
with  all  the  lesser  tythes,  pertaining  to  the  Mother  Church  of  Hassefeld. 
The  said  Alan  also  granted  for  the  sustentation  of  the  Chaplain  ten 
acres  of  land  (saving  the  Tythe  of  the  same  to  the  Mother  Church). 
He  also  gave  to  the  Mother  Church  of  Hassefeld  one  acre  of  land  for 
a  Cemetery ;  which  things  Roger  his  son  confirmed  and  ratified. 

But  the  Prior  and  Canons,  at  the  petition  of  Roger  Fitz-Alan,  have 
granted  to  the  said  Chaplain  the  tythes  of  five  virgates  of  land  which 
the  villeins  of  Brockthrop  hold  (the  tythe  of  which  pertains  to  the 
Church  of  St.  Owen),  and  the  small  tythes  of  the  said  villeins,  with 
their  burial,  to  be  held  of  them  \i.e.  the  Prior  and  Canons]  by  the 
yearly  payment  of  five  shillings  at  the  Feast  of  St.  Michael.  All  the 
tythes  of  the  demesne  of  Brockthrop,  as  from  the  time  of  Walter  the 
Constable,  as  also  now,  pertain  to  the  Church  of  St.  Owen. 

The  Canons  have  also  granted  that  if  the  wife  of  the  said  Roger,  or 
any  other  free  woman  in  his  house,  bring  forth  children,  they  may  go 
whither  they  will  for  their  Purification,  and  that  the  said  Roger  and 
his  wife  and  the  free  men  of  his  house  at  their  departing  {fine  suo) 


APPENDIX  I  355 


may  transfer  their  bodies  to  whatsoever  church  they  will ;  but  if  they 
decease  without  desire,  let  them  remain  for  their  burial  to  their  mother 
church.  The  tythes  of  one  mill  the  Canons  have  also  granted  for  the 
sustentation  of  the  Chaplain  of  the  said  Chapel.  They  have  also 
granted  to  the  said  Roger  and  his  heirs  that,  on  the  decease  of  the 
said  Chaplain  of  the  said  Chapel,  they  themselves  shall  present  a 
Chaplain  to  the  said  Canons,  whom  (if  he  shall  appear  to  them  to  be 
meet  for  the  Ministry)  they  shall  cause  to  be  instituted  to  the  said 
Chapel  by  the  Bishop  or  by  his  official,  the  usual  chaplain's  oath  being 
first  taken  for  the  faithful  observance  of  all  the  ordinances  [of  the  said 
Chapel]  in  our  Chapter  House. 

All  these  things  were  settled  in  the  year  of  our  Lord  MCLXXXi,  in 
the  presence  of  the  Illustrious  Lady  and  Patroness  of  the  Church  of 
Lanthony,  Margaret  de  Bohun  [Countess  of  Hereford],  and  of  William 
Fitz-Stephen,  then  Sheriff  of  Gloucester,  whose  seals  are  affixed  to  this 
present  writing  in  two  portions  for  a  perpetual  testimony,  so  that  either 
being  possessed  of  a  writing  duly  sealed  with  their  seals,  this  agree- 
ment and  concord  may  perpetually  exist. 


3.  A.D.  1239.  [Between  Almeric  de  Soleham  and  William, 
Rector  of  Chinnor. — From  a  copy  on  parchment,  written  in 
the  early  part  of  the  fourteenth  century,  and  now  preserved 
among  the  muniments  of  Magdalen  College,  Oxford.^] 

Notum  sit  omnibus  ad  quos  prsesens  scriptum  pervenerit,  quod  ita 
convenit  inter  Aumaricum  de  Soleham  et  Willelmum  Rectorem  ecclesiae 
de  Chynnore,  videlicet  quod  dictus  Aumericus  concessit  quantum  in  eo 
est  pro  se  et  heredibus  suis  imperpetuum  matrice  ecclesie  de  Chynnore 
omnes  decimas  tam  majores  quam  minores  provenientes  de  dominicis  suis 
in  Hentone,  Habendas  et  possidendas  eidem  ecclesie  integre  et  pacifice, 
et  dictus  Willelmus  quantum  in  eo  est  concessit  dicto  Aumarico  de 
Soleham,  quod  habeat  cum  sibi  placuerit  capellanum  sumptibus  suis  in 
dicta  capella  ministrantem  ei  divina,  Ita  quidem  quod  dictus  capellanus 
qui  in  ea  celebrabit  omnes  oblaciones  pro  persona  dicti  militis  et  libere 
familie  sue  et  hospitum  suorum  in  dicta  capella  factas  habebit.  Dictus 
vero  Aumaricus  ad  sustentationem  cantarie  in  dicta  capella  habebit 
terram  ad  eandem  capellam  pertinentem,  salvis  inde  decimis  matrice 
ecclesie.  De  non  vero  libere  familie  et  cottariis  et  aliis  servis  dicti 
militis  percipiet  dicta  matrix   ecclesia  oblaciones  decimas  et  omnes 


1  For  this  transcript  I  am  indebted  to  the  Rev.  W.  D.  Macray,  Rector 
of  Ducklington,  Oxon,  in  whose  Notes  from  the  Muniments  of  St.  Mary 
Magdalen  College  (Oxford,  1882)  the  agreement  is  mentioned,  p.  135. 


356  APPENDIX  I 


obvenciones,  et  venient  ad  matricem  ecclesiam  audituri  divina  et 
recepturi  ibidem  sacramenta  ecclesiastica.  Capellanus  vero  qui  in 
dicta  capella  celebrabit  prestabit  fidelitatem  Rectori  dicte  matricis 
ecclesie  antequam  celebret  in  ea  divina  quod  non  admittet  aliquem 
parochienorum  matricis  ecclesie  ad  sacramenta  ecclesiastica,  et  quod 
non  recipiet  aliquid  vel  faciei  unde  dampnum  vel  prejudicium  dicte 
matrici  ecclesie  generetur.  Hanc  autem  convencionem  fideliter 
observand.  juravit  dictus  Aumaricus  desuper  sacrament,  pro  se  et 
heredibus  suis,  et  dictus  Willelmus  similiter  quantum  in  eo  est  pro  se 
fideliter  observand.  imperpetuum.  In  cujus  rei  testimonium  dictus 
Aumaricus  sigillum  suum  parti  istius  cirographi  apposuit  residenti  penes 
dictam  matricem  ecclesiam.  Et  dictus  Willelmus  sigillum  suum 
apposuit  parti  hujus  cirographi  residenti  penes  Aumaricum.  Et  Magister 
Rogerus  de  Wescham,^  archidiaconus  Oxon,  ad  instantiam  eorum 
sigillum  suum  utrique  parti  ejusdem  cirographi  fecit  apponi.  Actum 
anno  gratia  Mocco.  tricesimo  ix^.  Mense  Februarii,  in  vigilia  sancti 
Mathei  Apostoli. 

4.  A.D.  1242.  [Endowment  of  a  Canonry  in  Salisbury 
Cathedral  by  Bartholomew  Turberville.  —  Confirmed  by  the 
Bishop,  1 6th  August  1242.2] 

Noverit  universitas  vestra  me,  divino  intuitu,  dedisse  et  concessisse 
Deo  et  beatae  Mariae,  et  domino  Roberto  de  Lexinton,  canonico 
Sarum  de  Cerminstre  et  de  Bere,  ac  successoribus  suis,  omnes  decimas 
majores  et  minores,  quocunque  nomine  censentur,  de  toto  dominico 
meo  de  Vinterburne  et  Turberville,  plenarie  integre  et  pacifice  in 
perpetuum  possidendas,  quas  semper  antea  predecessores  met  cui  valebant 
pro  vohintate  sua  contulerunt. 

Of  the  four  preceding  documents,  it  will  be  observed  that 
Nos.  I  and  4  had  Episcopal  confirmation — the  other  two,  so 
far  as  appears,  had  not.  It  will  also  be  observed  that  Nos.  3 
and  4  were  later,  by  more  than  half  a  century,  than  the  Third 
Council  of  Lateran ;  showing  (as  is  rendered  emphatic  by 
the  words  at  the  end  of  No.  4,  which  I  have  printed  in 
italics)  that  in  other  parts  of  England,  as  well  as  the  arch- 
diocese of  Canterbury,  the  custom  reproved  by  Pope  Innocent 

^  Roger  de  Weseham  became  Bishop  of  Coventry  and  Lichfield,  A.  D. 
1245. 

2  I  am  indebted  also  to  the  Rev.  W.  D.  Macray  for  this  extract  from 
Register  C  of  the  Dean  and  Chapter  of  Salisbury,  in  which  it  is  numbered 
328,  p.  230. 


APPENDIX  I  357 


III.,  in  his  letter  of  A.D.  1200  to  Archbishop  Walter  of  Canter- 
bury,i  continued  for  some  years  after  that  Council. 

I  add  a  fifth  document  (without  date),  for  which  I  am  also 
indebted  to  the  Rev.  W.  D.  Macray,  although  it  is  a  grant 
(like  those  collected  by  Selden)  to  a  religious  house,  because 
of  the  solemnities  which  accompanied  it,  in  the  church  of  the 
parish  within  which  the  tithes  granted  arose. 


5.  [From  the  Rawlinson  MSS.  in  the  Bodleian  Library. — 
B.  102,  Collections  of  John  Gwillim  the  herald,  fol.  21.] 

Notum  sit  omnibus  hominibus,  tam  laicis  quam  clericis,  quod  in  die 
dotninica  Quadragesimae  Wiscardus  Laident,  cum  uxore  sua  Berta  et 
filiis  suis,  super  altare  S.  Mariae  Virginis  ecclesiae  Kanefend  coram 
omnibus  parochianis  illius  ecclesiae,  decimam  suam  et  elemosinam  ibi 
dedissa  et  concessisse  Deo  et  Beatae  Mariae  et  Sancto  Pancratio  et 
monachis  de  Leves.  .  .  .  Et  qui  istam  decimam  praesumperit  male 
extra  ecclesiam  S.  Mariae  Kanefend  (5zV)  cum  Belzebub  principe 
demoniorum  novissimum  locam  in  inferno  teneat.     Amen.     Fiat. 

■^  See  Defence  of  Church  of  England  against  Disestablishment  (4th  ed. ), 
p.  144. 


APPENDIX  J  (see  p.  308) 


BISHOP  KENNETT  AND  SELDEN 

Among  other  notices  of  donations  of  tithes  to  rehgious  houses 
by  laymen,  Mr.  Selden  mentioned  one,  on  which,  if  he  had 
known  all  the  facts,  he  might  have  laid  more  stress  than 
he  did,  for  it  was  notably  to  his  purpose  ;  the  case  of  certain 
tithes  in  Oxfordshire  and  elsewhere,  which,  having  originally 
formed  part  of  the  endowment  of  the  Church  of  St.  George  in 
the  Castle  at  Oxford,  afterwards  became  vested,  together  with 
that  church  itself,  in  Oseney  Abbey.  Dean  Comber  and 
Bishop  Kennett  attacked  Selden  as  having  misrepresented  that 
case  ;  of  which,  before  quoting  their  comments  on  it,  I  will 
shortly  state  the  material  facts,  as  they  are  related  in  Bishop 
Kennett's  own  *  Parochial  Antiquities.' 

The  Collegiate  Church  of  St.  George  in  the  Castle  of 
Oxford  was  built,  with  the  castle,  by  one  of  William  the  Con- 
queror's followers,  Robert  de  Oily,  in  1073,  and  the  founder 
then  established  in  it  a  body  of  secular  canons,  and,  with  the 
consent  of  his  wife  and  brothers,  granted  for  its  endowment  two 
parts  of  the  tithe  of  his  demesne  in  eight  places,  and  the  whole 
tithes  of  three  other  places  in  Oxfordshire.  In  the  extract 
from  the  original  grant  ^  preserved  in  the  Oseney  Register  (in 
the  archives  of  Christ  Church,  Oxford)  tithes  are  mentioned ; 
and  the  particular  places  within  which  those  tithes  arose  are 
known  from  later  charters  of  confirmation  by  Robert  de  Oily's 
heirs.  Of  Episcopal,  or  other  Ecclesiastical,  confirmation  of 
that  grant  there  is  no  trace  till  A.D.  1149,  in  King  Stephen's 

1  Kennett's  Parochial  Antiquities,  vol.  i.   p.  8i   (Oxford,   ed.  1818) 
sub  anno  1073. 


APPENDIX  J  359 


reign,  when  the  church  or  chapel  of  St.  George  (which  had  in 
the  meantime  been  made  a  parish  church,  and  afterwards  lost 
that  character)  was,  with  its  tithes  and  all  other  endowments, 
given  to  Oseney  Abbey  by  another  Robert  de  Oily,  the  founder's 
nephew  and  heir,  with  the  consent  of  Theobald  Archbishop  of 
Canterbury  and  Robert  [de  Chesney]  Bishop  of  Lincoln. i 

Dean  Comber  ^  accused  Selden  of  *  basely  concealing  old 
testimonies  of  the  Bishop's  consent  to  and  confirmation  of  the 
founder's  grant.'  Bishop  Kennett  took  pains  to  show  that  the 
Dean  was  not  himself  acquainted  with  the  ancient  records  on 
the  subject,  of  which  he  states  the  effect,  as  I  have  done ;  not 
alleging  that  there  was  evidence  of  any  consent  or  confirmation 
by  any  bishop  earlier  than  A.D.  1149.  But  he  adds,  that  if 
Dean  Comber  had  been  better  acquainted  with  the  facts,  '  he 
would  have  drawn  better  conclusions,  and  more  effectually  ex- 
posed the  partiahty  and  falseness  of  Mr.  Selden  in  that  tract 
which  least  deserves  his  name.'  ^  The  only  error,  however, 
with  which  Kennett  reproaches  Selden  is  one  into  which  Selden 
did  not  fall.  Dr.  Comber,  he  says,  would  have  found  that  the 
charter  of  Robert  de  Oily  the  younger  to  Oseney  Abbey  of 
A.D.  1 149  '  conveyed  no  new  charity  of  his  own,  but  only  con- 
firmed the  antecedent  donations  of  his  uncle  Robert  de  Oily, 
senior ;  who,  after  he  had  built  the  castle  of  Oxford,  placed 
secular  canons  in  the  church  of  St.  George's,  and  endowed 
them  with  the  several  tithes  here  again  recited.'  He  con- 
tinued : — 

*  So  as  the  application  of  this  story  by  Mr.  Selden  stands 
wholly  on  a  false  bottom  ;  he  supposes  this  an  original  grant 
by  Robert  de  Oily,  junior,  when  it  was  really  made  by  a  pre- 
decessor. This  fundamental  error  the  Doctor  [Comber]  would 
have  more  gladly  discovered,  because  he  had  observed  the 
same  disingenuous  shuffling  in  other  cases,  and  had  charged 
Mr.  Selden  for  often  citing  later  confirmations  of  the  lay 
granter's  heirs  as  if  they  were  original  grants.  He  gives  other 
instances  of  it,  to  which  he  might  justly  have  added  this.' 

Kennett  concludes  :  * — *  How  strangely  would  Mr.  Selden 
impose  upon  his  readers,  to  advance  an  odd  notion,  prejudi- 

1  Kennett,  Par.  Antiq.,  vol.  i.  p.  141,  sub  anno  1149. 

2  Hist.   Vindication  of  the  Divine  Right  of  Tithes  (1682),  p.  209. 

3  Kennett  {ubi  supra,  A.D.  1149).  ■*  Ibid.,  p.  147. 


36o  APPENDIX  J 


cial  to  the  church,  and  only  serviceable  to  sacrilege  and 
atheism,  namely,  that  parochial  tithes  were  of  old  purely 
arbitrary,  and  left  to  the  absolute  pleasure  of  the  lay  patron  ; 
and,  citing  but  one  testimony  relating  to  this  county  [Oxford- 
shire], should  represent  it  palpably  false,  when  he  consulted 
the  original  records,  and  must  needs  have  failed  in  his  eyes 
or  in  his  conscience.' 

It  is  not  very  wonderful  that  a  writer  who  could  thus 
talk  of  'partiality  and  falseness,'  'disingenuous  shuffling,' 
'  sacrilege,'  and  '  atheism,'  should  have  found  in  Selden  what 
Selden  did  not  say,  and  missed  what  he  did.  Selden  did  not 
represent  the  Charter  of  Robert  de  Oily  the  younger  to  Oseney 
Abbey  as  the  original  grant  of  the  tithes  in  question  ;  nor  did 
he  overlook  the  earlier  title  to  them  of  the  Church  of  St. 
George  in  the  Castle.  He  expressly  said  in  the  place  referred 
to,i  that  Oseney  Abbey  enjoyed  those  tithes  'through  their 
having  St.  George's  Church  in  the  castle,  by  d'Oily's  gift,'  and 
asked,  '  Which  way  is  it  likely,  that  the  Chtirch  of  St.  George 
came  to  two  parts  of  the  tithes  of  so  many  manors  if  not  -by 
consecration  of  the  owners  ? '  The  '  fundamental  error,'  there- 
fore, was  really  Kennett's,  not  Selden's.  Kennett's  own  account  ^ 
of  the  endowment  of  the  Church  of  St.  George  by  d'Oily  the 
elder  shows  that  the  fact  was  exactly  as  Selden  supposed  :  that 
those  tithes  of  manors  did  come  to  the  Church  of  St.  George 
'  by  consecration  of  the  owners  ; '  without  (so  far  as  appears) 
Episcopal  authority  or  confirmation,  either  at  the  time  of  the 
endowment,  or  at  any  time  afterwards  before  the  appropriation 
of  that  church  to  Oseney  Abbey  in  A.D.  1149. 

This  is  a  specimen  of  the  way  in  which  Selden's  arguments 
and  facts  were  dealt  with  by  the  champions  of  Divine  Right 
in  the  seventeenth  and  eighteenth  centuries.  Of  these  cham- 
pions Kennett  was  perhaps  the  most  learned  ;  but  his  learning, 
so  far  as  relates  to  the  history  of  tithes  in  this  countiy,  was 
much  over-estimated  by  the  respectable  modern  writers  who 
have  treated  him  as  an  authority  upon  the  subject,  particularly 
Southey,  and  the  late  Dr.  Brewer.^     He  confounded  Continen- 

1  History  of  Tithes  (1618),  p.  307. 

2  Pai-ochial  Antiquities,  (ed.  1818),  vol.  i.  p.  81. 

5  Brewer's  Endowments,  etc.,  of  the  Church  of  England  (1885),  pp. 
Tj,  94,  108,  no,  120,  123,  etc.,  etc. 


APPENDIX  J  361 


tal  with  English  laws  and  customs  ;  he  believed  ^  the  Cottonian 
*  Excerptions '  to  be  Archbishop  Egbert's  work  ;  he  mistook  2 
the  Pastoral  Injunctions  of  Theodulph  Bishop  of  Orleans  for 
Saxon  canons  ;  he  represented  ^  the  quadripartite  division  of 
church-revenues  as  '  prescribed  by  Pope  Gregory  to  his  mis- 
sionary, Augustin  Archbishop  of  Canterbury,'  and  the  tripartite 
division  of  tithes,  '  one  part  to  the  reparation  of  churches,  one 
for  distributing  to  the  poor,  a  third  to  the  ministers  of  God  who 
have  care  of  the  Church,'  as  '  at  last  settled  by  a  law  of  King 
Alfredj'  for  which  he  refers,  in  a  note,  to  *  Leges  Alfredi^  num. 
24.'  4  This  last  error,  confounding  Alfred's  laws  with  the  (so- 
called)  '  canons  of  Aelfric  the  Grammarian,^  must  have  been 
borrowed,  without  verifying  the  reference,  from  Sir  Simon 
Degge's  '  Parson's  Counsellor.'  ^  It  was  peculiar,  so  far  as  I 
know,  to  Degge  and  Kennett. 

^  Kennett's  Case  of  Impropriations ,  p.  10,  note. 

2  Ibid.,  p.  12.      {Ante,  pp.  299,  300.) 

3  Parochial  Antiquities  (ed.  1818),  vol.  i.  p.  107.      (See  ante,  p,  103, 
104.)  *  Ibid.,  vol.  i.  p.  108.  ^  See  ante,  p.  260, 

^  Parson^ s  Counsellor  (7th  ed.   1820)   p.   80.     (See  Defence  against 
Disestablishment,  4th  ed.,  pp.  153,  154.) 


SUPPLEMENT 

REMARKS    UPON    A    RECENT    '  HISTORY   OF   TITHES  '  ^ 

After  the  proofs  of  this  edition  had  received  my  final  correc- 
tions, and  had  gone  to  press,  a  work  appeared  under  the  title 
of  A  History  of  Tithes,  by  the  Rev.  Henry  J.  Clarke,  who  had 
previously  (in  1887)  published  another  book  on  the  same 
subject,  entitled  The  History  of  Tithes  from  Abraham  to  Queen 
Victoria.  He  was  good  enough  to  direct  my  attention  to  it, 
and  to  inform  me  that  I  should  find  myself  and  my  writings 
frequently  referred  to  in  it,  and  some  of  the  positions  which  I 
had  taken  up  controverted.  I  read  it,  I  hope,  with  an  open 
mind  ;  but  found  in  it  nothing  which,  if  seen  earlier,  would 
have  led  me  to  do  more  than  alter  a  few  words  in  one  or  two 
.pages,  as  I  have  now  done.^  Fortunately,  it  was  not  too  late 
for  me  to  add,  by  way  of  Supplement,  some  remarks  upon  those 
among  the  points  of  difference  between  the  Author  and  myself 
which  seemed  to  call  for  notice.  In  these  remarks  I  shall 
speak  of  Mr.  Clarke  as  '  the  Author,'  and  of  his  latest  work 
as  the  new  '  History.' 

In  the  preface  to  the  former  as  well  as  this  edition  of 
Ancient  Facts  and  Fictions,  I  have  stated  my  opinion,  that  the 
questions  of  which  I  have  treated  in  that  work  have  not  any 
real  bearing  upon  controversies  of  the  present  day,  though 
they  are  sometimes  represented  as  if  they  had.      I  endeavoured 

1  In  the  notes  to  this  Supplement,  C  stands  for  Mr.  Clarke's  new 
History  :  C  1887  for  his  former  History  ;  and  AF  for  Ancient  Facts  and 
Fictions. 

2  StQpost,  pp.  382,  383,  385-388. 


364  SUPPLEMENT 

to  examine  them  critically  (thinking  that  this  had  not  been 
already  done  in  a  satisfactory  manner),  without  any  other 
controversial  intention.  In  that  respect,  I  may  perhaps  have 
had  some  advantage  over  the  Author  of  the  new  History ; 
whose  motive  for  writing  it,  and  his  former  work,  of  which  this 
is  an  enlargement  with  variations,  seems  to  have  been  an 
ardent  zeal  against  all  church  endowments,  particularly  tithes. 
Of  the  tone  and  spirit  of  his  work  I  will  only  say,  that  it  is 
not  that  of  historical  criticism. 


§  I.  Modern  writers  as  to  the  division  of  tithes. 

He  has  cited  and  adopted,  from  Professor  Freeman,  some 
words  '  as  to  modern  writers  on  the  subject  of  the  division  of 
tithes,'  in  which  '  the  opinion  of  mere  lawyers,  Blackstone  or 
any  other,'  upon  historical  questions,  is  spoken  of  as  '  worse 
than  useless.'  ^  I  am  of  much  the  same  way  of  thinking,  if 
Professor  Freeman's  meaning  is  what  I  suppose  it  to  be  ;  and 
I  should  extend  the  observation  to  others,  even  historians, 
when  they  do  no  more  than  repeat  the  statements  of  writers 
of  no  authority,  on  points  which  they  have  not  themselves 
investigated.  But  lawyers,  upon  historical  subjects  which 
they  have  investigated,  are  perhaps  not  less  qualified  than 
other  men  to  discern  the  false  from  the  true  ; — Selden,  for 
example,  whom  the  Author  of  the  new  History  estimates  as 
highly  as  I  do.  Nor  is  the  authority  of  lawyers  within  their 
own  province  restricted  to  the  law  in  force  in  their  own  time. 
They  can  know  little  of  that,  if  they  do  not  know  a  good  deal 
also  about  the  law  of  their  own  country  from  the  time  (going 
back  in  England  to  the  Norman  Conquest)  since  which  there 
has  been  no  disturbance  of  its  continuity  by  the  introduction 
of  any  foreign  element.  They  are  better  judges  of  such  matters 
than  an  author  who  does  not  seem  to  know  the  legal  import  of 
the  words  '  in  liberam  eleeinosynam '  2  (the  Latin  equivalent  of 
*  in  frank-almoigtie '),  in  charters  and  grants  of  land  to  eccle- 
siastics ;  or  than  the  mendicant  friars  or  Wycliffe,^  if,  instead 
of  denouncing  (as  they  did)  a  state  of  law  and  practice  as  to 

1  C,  p.  25.  2  Ibid,,  pp.  174-176.  8  Ibid.,  p.  175. 


SUPPLEMENT  365 

church -endowments  of  which  they  disapproved,  they  had 
taken  upon  themselves  (which  as  far  as  I  know  they  did 
not)  the  office  of  expositors  of  the  law  of  England. 

I  cannot  but  wonder,  (considering  his  agreement  with  Pro- 
fessor Freeman  as  to  lawyers,  and  his  severity  against  the 
clergy,  both  of  his  own  and  of  former  times),  at  the  way  in 
which  the  Author  impresses  into  his  service  the  statements, 
when  they  suit  his  purpose,  of  all  sorts  of  *  modern  writers  on 
the  subject  of  the  division  of  tithes,' — lawyers  or  not  lawyers  ; 
Blackstone,!  Degge,^  Prideaux,^  Kennett,*  even  Henry  Whar- 
ton,^ and  many  more.  And,  what  is  singular,  he  acknowledges 
his  own  opinion  as  to  some  documents,  on  a  particular  view  of 
which  he  relied  in  his  first  History  (published  only  four  years 
ago),  to  have  since  undergone  a  change  ;  yet  disallows  with 
warmth  the  right  of  Bishop  Stubbs  and  Professor  Freeman  to 
be  heard,  when  they  seem  to  modify,  in  a  direction  opposed 
to  his  own,  statements  made  by  them  in  works  of  large  scope, 
upon  topics  a  very  close  investigation  of  which  may  perhaps 
not  have  been  necessary  for  the  purposes  of  those  works. 
He  calls  letters  of  those  eminent  scholars,  written  for  publica- 
tion and  published  with  their  authority,  '  private '  ;  ^  and  says  : 

'  Dr.  Stubbs  cannot  go  behind  what  he  states  in  his  pub- 
lished history.  .  .  .  Bishop  Stubbs  and  Mr.  Freeman  must  be 
kept  strictly  to  what  they  have  published  in  their  well-known 
'  histories  until  they  publicly  repudiate  what  they  have  written. 
Private  letters  which  contradict  historical  statements  must  be 
ignored.'  '^  And  of  Professor  Freeman  :  '  Contradictory  state- 
ments, coupled  with  an  immense  display  of  pedantry  and 
egotism,  characterise  the  recent  writings  of  this  author.'  ^ 

It  is  not  for  me  to  vindicate  Professor  Freeman  or  Bishop 
Stubbs.  I  have  sometimes  found  reason  to  differ  from  them, 
notwithstanding  their  great  learning ;  and,  though  I  have  a 
high  and  well-founded  respect  for  them  both,  I  have  not 
relied  for  my  conclusions,  as  to  any  disputable  question,  upon 
their  or  any  other  modern  writer's  authority.  But  why,  upon 
this  particular  subject  of  the  division  of  tithes,  they  should  not 

1  C,  p.  18,  2  Hid,,  pp.  128,  129.  3  jiid^^  p,  72. 

*  Ibid.,  pp.  24,  85.      5  jiid,,  p.  18  {see post,  p.  368), 

^  Jbid.,  pp.  98,  109.    "^  Ibid.,  pp.  97,  98.  ^  Ibid.  p.  iii. 


366  SUPPLEMENT 

be  as  much  at  liberty  as  other  men  to  reconsider  anything 
which  they  may  at  any  time  have  written,  is  a  thing  which  I 
do  not  understand. 


§  2.   '-  Lord  Selborne^s  favourite  argumenV 

For  my  own  part,  I  am  not  extremely  sensitive :  but  there 
are,  in  the  new  History,  some  rash  statements  concerning 
myself^  on  points  unconnected  with  aijy  antiquarian  question, 
which  the  Author,  if  he  has  the  opportunity,  may  perhaps  wish 
to  correct.  I  will  mention  here  two  of  them,  which  are  not 
only  put  forward  with  confidence  in  the  body  of  the  work,  but 
are  thought  worthy  of  a  place  in  the  table  of-  contents  prefixed 
to  it,  as  if  to  direct  special  attention  to  them.  One  is  of  minor 
importance,  but  characteristic.  'It  is '  (we  are  told  i)  '  a 
favourite  argument  with  Lord  Selborne,  and  others  who  follow 
him,  that  the  part  allotted  out  of  the  tithes  for  the  poor  would 
be  insufficient  for  their  support.  But  he  omits  the  important 
fact,  that  in  one  of  Edgar's  Canons  it  was  enacted,  that  the 
people  should  also  distribute  alms  to  the  poor ;  so  that  the 
part  allotted  out  of  the  tithes  was  not  intended  to  be  the  whole 
maintenance  which  the  poor  should  receive.'  I  have  never 
used  that  argument,  or  anything  like  it ;  and  the  Canon  to 
which  the  Authoi  refers  (inaccurately,  though  in  i  foot- 
note he  directs  his  readers  to  another  page  in  which  it  is 
correctly  given)  is  quoted  by  me  verbatim^  in  more  than  one 
page  2  of  Ancient  Facts  and  Fictions.  I  may  add  that,  if  any 
one  else  has  used  the  argument  which  the  Author  erroneously 
attributes  to  myself,  he  will  hardly  be  likely  to  perceive  the 
relevancy  to  it  of  that  Canon,  which  the  Author  calls  Edgar's, 
but  which  I  call  Dunstan's.^ 

§  3-  Degge^s  '-Parson's  Counsellor.^ 

The  other  instance  of  the  Author's  rashness  which  I  think 
it  right  here  to  notice  is  less  inoffensive. 

^  C,  p.  127.     (And  see  Contents,  xii.  ch.  ii.)  "^  hY,  pp.  216,  265. 

^  Those  Canons  are  merely  ecclesiastical ;  and  the  only  connection  of 
King  Edgar  with  them  is  that  they  were  made  in  his  reign. 


SUPPLEMENT  367 

In  my  Defence  of  the  Church  of  Englaftd  against  Dis- 
establishment} I  had  occasion  to  comment  upon  a  tract 
circulated  by  the  '  Liberation  '  Society,  entitled  The  Church  and 
the  Poor  :  most  of  the  ideas  of  which  I  find  reproduced  and  ex- 
panded in  this  new  History.  One  of  the  authorities  to  which  it 
appealed  was  a  book  of  the  seventeenth  centur}',  by  Sir  Simon 
Degge,  called  the  Parson^s  Counsellor.  Upon  this  I  made 
some  observations,  to  show  the  value  of  that  authority,  and  its 
probable  meaning.  I  spoke  ^  of  Degge  as  *  a  (not  particularly 
distinguished)  lawyer  of  Charles  the  Second's  time ; '  and 
showed,  that  he  had  quoted  (in  support  of  '  the  sentiment  which 
made  him  an  oracle  with  the  tract-writer,  that  the  poor  had 
a  share  in  the  tithes  with  the  clergyman ')  a  supposed  decree 
of  Pope  Sylvester ;  one  of  Aelfric's  (so-cailed)  Canons,  which 
he  called  '  a  Canon  of  our  own,  made  in  the  time  of  King 
Alfred  ; '  and  a  provincial  constitution  of  Archbishop  Stratford, 
which  he  seemed  to  have  misunderstood.  After  which  refer- 
ences (I  said),  'the  Parson's  Counsellor  thus  closed  his 
admonition:  ^^ By  all  which  it  appears^  that  originally  the 
poor  had  a  share  of  the  tithe.^^  His  object  was  to  impress 
upon  his  clerical  readers  (by  authorities  not  greatly  to  the 
purpose)  the  moral  obligation  of  beneficence  towards  the  poor, 
as  one  of  the  things  contemplated  and  intended  in  the  parochial 
system  and  its  endowments.  He  could  not  have  meant  to 
"assert  that  in  his  own  time,  as  well  as  "  originally,"  the  poor 
"  had  a  share  in  the  tithes  "  by  law  :  every  lawyer's  apprentice, 
and  every  clergyman,  must  have  known  that  not  to  be  true. 
For  his  citation  of  Pope  Sylvester,  etc.,  he  was  called  to 
account  in  his  own  day  :  and  in  a  later  edition  he  defended  it, 
lamely  enough  ;  maintaining,  on  the  authority  of  some  Roman 
canonists,  the  genuineness  of  the  extracts  from  the  Synodical 
Acts  of  Pope  Sylvester  published  by  Isidore,  and  it  must 
therefore  be  supposed  of  the  other  forgeries  in  the  same  col- 
lection also.' 

The  Author  of  the  new  History  ^  refers  to  this  passage  in 
my  Defence^  etc.,  of  which  he  quotes  two  sentences  which  do 
not  stand  together  in  it,  as  if  they  did  :    but  that  is  of  no 

1  Defence^  etc.,  pp.  147-159  (4th  ed.)  ^  Ibid.,  pp.  153,  154. 

^  C,  pp.  129,  130. 


368  SUPPLEMENT 

importance.  But  he  seems  to  think,  that  I  ought  not  to  have 
spoken  of  Degge  as  being  criticised  in  his  lifetime,  without 
saying  that  the  critic  was  Henry  Wharton,  author  of  Aiiglia 
Sacra ;  a  '  boy-pluralist ' ;  of  whom  Bishop  Burnet  and  some 
others  had  a  bad  opinion ;  and  who  had  been  accused  of 
falling  into  a  'legion  of  blunders'  in  his  own  works.  He 
charges  me  with  '  traducing  the  character '  of  Sir  Simon 
Degge,  because  I  said  that  he  was  a  'not  particularly  dis- 
tinguished' lawyer  ;  and  with  '  carefully  avoiding^  any  mention 
of  Wharton's  name.  These  specimens  of  a  peculiar  style 
might  not  have  been  worthy  of  notice,  but  for  what  follows ; 
they  may  be  quickly  disposed  of.  Why  I  should  have  entered 
into  a  digression  about  Wharton,  unless  it  would  have  had 
something  to  do  with  the  matter  in  hand,  is  not  apparent. 
It  could  not  have  anything  to  do  with  the  matter  in  hand, 
unless  Wharton's  demerits  (supposing  them  to  be  as  great  as 
Burnet  or  any  one  else  thought,  though  learned  men  ^  were 
not  all  agreed  in  that  opinion),  would  have  had  some  tendency 
to  establish  the  genuineness  of  the  pretended  Acts  of  Pope 
Sylvester.  As  to  Degge's  '  character,'  which  I  am  supposed 
to  have  '  traduced,'  I  have  yet  to  learn  that  none  but  a  very 
distinguished  lawyer  could  in  the  reign  of  Charles  the  Second 
be  '  a  Judge  of  West  Wales  ;  Recorder  of  Derby  ;  knighted  ; 
a  Bencher  of  the  Inner  Temple  ;  and  High  Sheriff  of  Derby- 
shire ' ;  and  also  writer  of  a  book  '  dedicated  to  a  bishop,'  and 
sufficiently  useful  to  the  clergy  (I  believe  it  was  the  first  of  its 
kind)  to  pass  through  six  editions  in  his  lifetime  :  on  all  which 
facts  the  Author  relies,^  to  show  that  I  did  Sir  Simon  Degge 
some  injustice. 

The  sequel  I  must  give  in  the  Author's  exact  words. 
Having  just  before  mentioned  Degge's  sixth  and  last  edition, 
published  in  1703,  he  proceeds  ^i — 

'  In  this  edition  he  says,  "  Nor  is  there  any  doubt  but  that 
by  the  Canon  Law  the  poor  ought  to  have  a   share   ifi   the 

^  Hearne,  the  Antiquary,  called  him  '  auctorem  omni  exceptione  majorem, 
quicquid  obganniant  invidi  obtrectatores.'  (Preface  to  his  edition  of  Robert 
de  Avesbury' s  History  of  the  Wonderful  Acts  of  Edward  I JI.    Oxford,  1720.) 

2  C,  p.  130. 

2  Ibid.,  p.  130.      (And  see  Contents,  xii.  eh.  ii.) 


SUPPLEMENT  369 


revenues  of  the  Churchy  which  was  all  I  endeavotired  to  proved 
Lord  Selborne  quotes  his  closing  admonition  from  the  seventh 
revised  edition  of  1820,  ?>.  116  years  after  Degge's  death: 
'•'■By  which  it  appears^  that  originally  the  poor  had  a  share  of 
the  tithe."  Degge  never  wrote  these  words  ;  and  it  is  not  fair 
or  just  to  a  dead  author  to  publish  a  garbled  edition  of  his 
work,  and  to  quote  against  him  from  this  garbled  edition,  I 
have  given  above  his  own  words  from  his  last  edition  published 
in  1703.' 

How  stand  the  facts?  I  had  quoted  from  pages  80,  81 
of  Mr.  Ellis's  edition  ^  of  1820,  giving  the  reference  to  those 
pages  in  a  footnote  ;  2  and  in  the  text  describing  the  words 
(which  the  Author  says  '  Degge  never  wrote '),  as  immediately 
following  his  references  to  Pope  Sylvester,  etc.  As  it  happens, 
Mr.  Ellis  preserved,  so  far,  the  paging  of  the  edition  of  1703  : 
and,  if  the  Author  had  looked  at  page  80  of  the  edition  of 
1703,  which  he  had  before  him,  he  would  have  found  in 
it  those  words,  immediately  following  the  references  to  Pope 
Sylvester,  etc.  And  he  might  also  have  found  them,  in 
the  same  place,  in  every  earlier  edition  except  the  first ;  the 
references  to  Pope  Sylvester,  etc.,  having  been  first  made  by 
Degge  in  his  second  edition  of  1677.3  The  words,  for  which 
the  Author  imagines  them  to  have  been  substituted  in  Mr. 
Ellis's  edition,  which  he  calls  'garbled,'  occur  (in  a  different 
place,  winding  up  Degge's  reply  to  his  critic)  in  the  two 
editions  pubhshed  after  1692,  in  which  year  Wharton's  Defence 
of  Pluralities  appeared  ;  being  part  of  the  reply  to  that  book, 
they  did  not,  and  they  could  not,  appear  earlier. 

1  It  is  in  the  Library  of  Lincoln's  Inn,  and  the  only  edition  there.  I 
quoted  from  it,  as  likely  to  be  more  easily  accessible  than  the  earlier 
editions  to  others,  as  well  as  to  myself. 

2  Defence,  etc.  (4th  ed. ),  p.  154. 

3  The  first  edition  (1676)  is  in  the  British  Museum  and  the  Bodleian 
Library  ;  the  second  (1677)  in  the  Library  of  Queen's  and  All  Souls' 
Colleges,  Oxford  ;  the  third  (16S1)  in  the  British  Museum  and  the  Library 
of  Corpus  Christi  College,  Oxford;  the  fifth  (1695)  in  the  Library  of 
Christ  Church,  Oxford  ;  the  sixth  (1703)  in  the  British  Museum  and  the 
Library  of  New  College,  Oxford.  I  have  not  seen  the  fourth,  but  there 
can  be  no  doubt  of  its  agreement,  as  to  the  words  quoted,  with  the  third 
and  fifth. 

2  B 


370  SUPPLEMENT 


§  4.   The  Author  and  '  Ancient  Facts  and  Fictions' 

I  pass  to  the  Author's  criticisms  on  Ancient  Facts  a?td 
Fictions.  I  am  happy  to  think  that,  by  giving  references 
throughout  that  work  to  the  sources  of  my  information,  I  have 
enabled  others  to  verify  the  evidence  on  which  my  statements 
rest.  That  the  Author  of  the  new  History  has  closely  followed 
up  my  references,  I  know  from  himself :  when,  therefore,  he 
expresses  no  dissent  as  to  any  important  question  of  fact,  it 
may  be  presumed  that  he  has  found  no  reason  to  do  so  ;  it  is 
even  possible  that  I  may  have  assisted  to  remove  from  his 
mind  some  erroneous  impressions.  He  maintained  in  1887 
opinions,  as  to  the  bearing  of  the  (so-called)  '  Excerptions  of 
Archbishop  Egbert'  upon  the  question  of  a  tripartite  division 
of  tithes  in  England,  and  as  to  the  charters  of  King  Ethelwulf, 
which  he  has  now  relinquished ;  ascribing  his  change  of  mind 
to  a  fuller  consideration  of  authorities,  which  were  as  acces- 
sible in  1887  as  in  1891.^  During  the  interval  between 
those  years.  Ancient  Facts  and  Fictions  had  been  published. 
In  his  present  chapter  ^  on  the  '  Excerptions,'  he  takes  notice 
of  the  fact,  that  the  twenty-one  first  articles  (he  calls  them 
'  Canons ')  in  that  collection  are  taken  from  the  Andain  manu- 
script in  the  monastery  of  St.  Hubert  (he  prints  the  name 
Herbert)  in  the  Ardennes.  It  was  by  myself,  in  Ancient  Facts 
and  Fictions^  that  attention  was  first  directed  to  that  fact,  and 
the  evidence  of  it  brought  forward. ^  I  may  therefore  fairly 
claim  to  have  conveyed  the  knowledge  of  it  to  the  Author's 
mind  ;  and  in  it  may  doubtless  be  found  the  explanation  of  his 
now  ceasing  to  insist  that,  'although  this  collection  bears 
internal  evidence  of  having  been  compiled  some  centuries  after 
the  Archbishop's  death,  yet  it  shows  that  a  tripartite  division 
of  the  tithes  must  have  been  made  in  England  at  the  time  the 
collection  was  formed,  otherwise  the  compiler  or  compilers 
would  not  have  mentioned  the  division  as  having  existed  in 
Egbert's  time,  meaning  his  or  their  own  time.'*     As  to  the 

^  C,  Preface,  v.  2  jud,^  p.  32.  s  aF,  pp.  37-45. 

*  C  1887,  V'  27.  (The  compilers  of  the  '  Excerptions '  do  not  anywhere 
mention  the  division  as  having  existed  in  England,  either  in  Egbert's,  or 
in  their  own  time.) 


SUPPLEMENT  371 


charters  of  Ethel wulf,  the  Author  in  1887  strenuously  main- 
tained the  opinion  that  the  charter  of  A.D.  855  was  a  law, 
*  granting  tithes  to  the  Church  from  all  England.'  ^  But  now 
he  has  a  chapter  2  proving  the  contrary ;  in  which  I  recognise 
seven  of  my  own  quotations  from  Chroniclers,  and  other 
arguments,  the  same  in  substance  with  my  own. 

The  Author  thinks  ^  that  in  Ancient  Facts  and  Fictions  I 
have  relied  too  much  upon  negative  evidence.  I  am  not 
conscious  of  having  done  so.  I  have  not  in  any  instance 
founded  conclusions  upon  it,  or  referred  to  it  at  all,  except  in 
confirmation  of  positive  reasons  for  my  own  conclusions. 
And  though  on  many  points  I  have  thought  it  right  to  men- 
tion other  men's  opinions,  whether  in  accordance  with  or 
contrary  to  my  own,  I  have  never,  that  I  am  aware  of, 
confounded  those  opinions  with  evidence. 

§  5.   The  document  e?ttitled,  '  Of  Church-GrithJ 

I  now  come  to  historical  questions ;  and  I  will  take  first 
those  criticisms  on  which  the  Author  seems  to  have  bestowed 
the  greatest  pains,  and  which  I  suppose  him  to  have  had  most 
in  view  when  he  directed  my  attention  to  his  work.  They 
relate  to  my  chapter  on  the  legislation  of  Ethelred  and  Canute, 
and  more  particularly  to  the  question  there  discussed* -as  to 
the  character  and  effect  of  the  document  entitled  (as  Mr. 
Thorpe  renders  the  Anglo-Saxon  Be  Cyric  Grithe)  '  Of  Church- 
Grith: 

I  have  stated  in  another  chapter,^  that  the  uncritical  accept- 
ance of  the  '  Excerptions '  as  the  genuine  work  of  Archbishop 
Egbert  had  more  influence  than  anything  else  in  establishing 
the  notion  that  a  tripartite  division  of  tithes  or  other  church 
revenues  was  anciently  customary  in  England,  in  the  minds  of 
those  writers  who  entertained  it  down  to  the  present  century. 
Next  to  the  '  Excerptions,'  their  reliance  was  on  the  (so-called) 
'  Canons '  of  Aelfric.  I  do  not  know  that  any  one  appealed 
for  that  purpose  to  the  document  entitled  *  Of  Church-Grith^^ 

1  C  1887,  pp.  35-39. 

^  C,  pp.  53-66.     Compare  AF,  pp.  186-206. 

^  C,  Preface,  vi.  *  AF,  pp.  278-285.  *  Ibid.,  p.  227. 


372  SUPPLEMENT 

until  after  the  first  quarter  of  the  present  century ;  but  now  it 
seems  to  be  relied  on  more  than  anything  else  by  those  who 
still  hold  to  that  opinion.     The  Author  says  :  ^ 

'  King  Ethelred's  law  on  the  three-fold  division  of  tithe  has 
been  found  so  important  in  the  discussion  on  the  tripartite 
division,  that  Lord  Selborne  has  devoted  all  his  eminent  legal 
powers,  though  unsuccessfully,  to  upset  this  Anglo-Saxon  law.' 

I  disclaim  the  motive  suggested.  I  have  dealt  with  the 
questions  arising  on  Church-Grith  exactly  in  the  same  way  as 
with  the  other  historical  questions  examined  by  me ;  that  is, 
with  a  desire,  not  to  '  upset '  anything,  or  to  establish  any  fore- 
gone conclusion,  but  correctly  to  understand  and  present  to  my 
readers  the  real  facts  and  their  practical  import.  That  there 
should  be  some  who  cling  to  this  supposed  law  of  King  Ethel- 
red  as  a  tabula  in  naufragio  for  a  theory  of  which  the  original 
grounds  have  been  displaced  is  intelligible  enough  ;  I  must  take 
the  liberty  of  saying  that  the  zeal  is  on  their  side,  rather  than 
on  my  own. 

I  prefer  as  to  this  matter  to  meet  the  Author,  first  by  showing 
how  the  case  stands  upon  the  main  question,  apart  from  all 
inferences  from  anything  said  or  not  said  by  any  writer,  ancient 
or  modern.  The  Author  thinks,  and  has  taken  some  trouble  to 
prove,2  (with  what  success  will  be  hereafter  seen),  that  I  have 
attached  undue  importance  to  the  silence  of  some  writers,  whom 
he  calls  my  '  witnesses.'  If  that  had  been  so,  I  should  so  far 
stand  corrected ;  but  my  facts  and  arguments  upon  the  principal 
question  would  remain  the  same. 

Whatever  else  may  have  been  done  in  Ancient  Facts  and 
Fictions^  I  may  fairly  claim  to  have  established  these  proposi- 
tions : — 

I.  That  there  is  no  ground  for  believing  any  part  of  the 
Anglo-Saxon  literature,  which  has  been  or  can  be  cited  as 
evidence  of  the  existence  in  this  country  of  any  law  or  custom 
for  the  partition  of  tithes,  to  be  earlier  than  the  reign  of 
Ethelred  the  Unready.  ^ 

^  C,  p.  I02.     (In  Contents,  xii.  ch.  x.  ;  also,  '  Lord  Selborne's  object 
is  to  upset  the  Act  of  a.d.  1014.') 
2  Ibid.,  pp.  102-106. 
'  AF,  pp.  227-269. 


SUPPLEMENT  373 

2.  That  all  the  passages  in  that  literature  which  appear  to 
favour  the  notion  of  any  such  law  or  custom  are  traceable  to  a 
definite  foreign  source,  the  Andain  text  (printed  by  Martene 
and  Durand)  of  the  document,  bearing  in  another  text  (from 
which  it  was  printed  by  Sirmondi)  the  title  *  Capitulare 
Episcoporum.^  1 

3.  That  there  is  no  evidence  of  the  prevalence  of  the  tripartite 
division  of  tithes  enjoined  by  the  Capitulare  Episcoporum,  even 
upon  the  continent  of  Europe,  except  in  some  parts  of  the  Low 
countries  and  the  northern  provinces  of  France.^ 

4.  That  the  intercourse  which  took  place  between  English 
and  French  ecclesiastics  and  religious  houses  in  the  tenth 
century  explains  the  introduction  into  this  country  of  copies  of 
the  Capitulare  Episcoporuin^  such  as  are  found  in  the  manu- 
scripts of  which  an  account  is  given  in  my  chapter  on  the 
Egbertine  Compilations,  and  the  desire  of  some  learned  men 
and  persons  of  influence  among  the  English  Benedictines  of 
King  Ethelred's  time  to  procure  the  adoption  in  England 
(among  other  things  derived  from  foreign  sources)  of  the 
tripartite  division  of  tithes,  enjoined  by  one  of  the  articles  in 
that  Capitular. 3 

5.  That  there  is  no  trace  of  any  such  tripartite  division,  or 
of  any  other  apportionment  of  tithes,  having  been  enjoined  by 
any  law  or  established  by  any  custom  in  England  before  the 
reign  of  Ethelred  the  Unready;  nor  in  his  time,  unless  it  was 

"done  by  the  disputed  document  entitled  '  Of  Church-Grith^  in 
the  last  year  but  one  of  his  reign.^ 

6.  That  if  the  document  entitled  '  Of  Church-Grith '  ought 
to  be  regarded  as  agreed  to  by  a  Witenagemot  in  the  last  year 
but  one  of  King  Ethelred's  reign,  on  account  of  the  date  which 
it  bears  in  one  of  the  two  manuscripts  which  (wholly  or  in 
part)  contain  it,  and  of  what  it  says  as  to  '  the  king  of  the 
English  with  the  counsel  of  his  witan^^  ^  the  circumstances  of 

1  AF,  pp.  37-45,  229,  231,  237,  242,  248,  258. 

2  Ibid.,  pp.  29-37.  2  Ibid.,  pp.  207-218,  233. 
*  Ibid.,  pp.  179-185,  213-225. 

^  In  Ancient  Facts,  etc.  (p.  280,  note),  I  noticed,  but  did  not  lay  stress 
on,  the  peculiar  form  of  the  sentence  in  whicR  those  words  first  occur,  which 
1  thought  '  not  exactly  like '  anything  to  be  found  elsewhere ;  and  in  the 


374  SUPPLEMENT 


the  time  nevertheless  preclude  the  supposition  that  anything 
contained  in  it,  which  was  not  afterwards  confirmed  by  Canute, 
was  ever  practically  law  in  England  ;  and  that,  while  every 
other  article  in  it  capable  of  having  any  practical  operation 
(with  at  most  two  exceptions)  was  confirmed  by  Canute,  that 
as  to  a  tripartite  division  was  not.^ 

7.  That  from  the  accession  of  Canute  in  A.D.  1016  down- 
wards there  is  again  no  trace  of  any  law  or  custom  of  tripartite 
or  any  other'  division  of  tithes  in  England. ^ 

These  propositions,  firmly  established  as  I  believe  them  to 
be,  are  enough ;  they  show  that  the  document  in  question 
(which  I  have  never  treated  as  spurious)  was  inoperative, 
even  upon  the  hypothesis  most  favourable  to  its  authority. 
But  I  added,  that  there  was  no  sufficient  proof  or  pre- 
sumption in  favour  of  that  hypothesis.  The  document  did, 
in  two  of  its  articles,  *  speak  the  language  either  of  past 
or  of  present  national  legislation.'  ^  But  this  it  might  do, 
though  it  was  no  more  than  the  draft  or  project  of  a  law.* 
That  this  was  the  true  character  of  '  Church-Grith^^  seemed  to 
me,  from  the  internal  evidence,  most  probable ;  because  it 
contained  towards  its  close  five  articles,  didactic,  expostula- 
tory,  casting  censure  upon  the  whole  course  of  legislation  and 
government  after  the  death  of  King  Edgar, ^ — articles  which, 
in  a  draft  or  project  of  law,  might  perhaps  have  the  effect  of 

Appendix  to  my  Defence,  etc.  (4th  ed. ,  p.  362),  I  also  noticed  the  differ- 
ence between  the  title  ' Church-Grith '  (both  in  the  MSS.  and  in  Mr.  Thorpe's 
Ancient  Laws,  etc.,  vol.  i,  pp.  340-341),  and  the  usual  general  titles  of 
other  undoubted  laws  of  Ethelred's  reign.  The  Author  (C,  pp.  113,  114) 
dissents.  I  am  content  that,  on  this  point,  any  one  who  will  look  at 
pp.  281-282,  284-285,  292-293,  304-305,  306  of  Mr.  Thorpe's  first 
volume  shall  judge  for  himself  whether  my  observations  were  warranted 
or  not.  ^  AF,  285-290. 

2  Ibid.,  pp.  289,  294-307.  '  Ibid,,  p.  280. 

*  Every  Bill  introduced  into  the  British  Parliament,  or  drawn  up  with 
that  view,  is  in  the  form  of  an  enactment  by  the  proper  authority  ;  though 
until  actually  passed  by  that  authority  it  is  no  more  than  a  draft  or  pro- 
ject of  law.  The  mere  style  and  form  need  not  be  conclusive  in  the  case 
of  an  Anglo-Saxon  manuscript  standing  by  itself,  of  which  the  history  is 
unknown,  more  than  in  any  other  case  of  an  instrument  prepared  with 
a  view  to  its  becoming  law. 

*  AF,  p.  281  ;  and  Appendix  E. 


SUPPLEMENT  375 

setting  before  the  legislature  motives  for  the  proposed  enact- 
ment ;  but  which  in  the  law  itself,  if  enacted,  would  be  nugatory 
and  out  of  place.  Those  articles  were  all  (as  might  have 
been  expected)  omitted  from  Canute's  legislation. 

I  suggested  also^  (though  without  laying  stress  upon  the 
suggestion)  that  in  such  a  case  it  might  not  be  safe  to  rely 
upon  a  date  such  as  appears  on  the  face  of  the  Parker 
manuscript,  assigned  by  Mr.  Thorpe  to  the  middle  of  the 
eleventh  century.  The  name  of  the  reigning  king  is  not  men- 
tioned in  either  of  the  two  manuscripts  ;  and,  as  I  showed,  the 
words  '  Edgar  who  was  last '  (after  '  Athelstan  '  and  *  Edmund ') 
could  not  mean  that  Edgar  was  the  immediate  predecessor  of  the 
king  in  whose  reign  the  document  was  drawn  up,  whether  that 
king  was  Ethelred  or  Canute.  If  they  meant  (as  I  thought  they 
did)  the  last  lawgiver  who  ruled  and  made  ecclesiastical  laws  in 
a  proper  constitutional  way,  they  would  be  as  appropriate,  if  the 
document  was  drawn  up  early  in  the  reign  of  Canute  (in  which 
case  it  would  be  clear  that  nothing  in  it  which  is  not  found  in 
Canute's  code  was  enacted  as  law)  as  they  would  have  been  in 
the  last  year  but  one  of  King  Ethelred. 2  I  observed,  that  it 
would  make  all  the  difference  if  the  scribe  had  written 
MXIIII.  instead  of  MXVIIL,  and  that  such  a  clerical  error 
in  numerals  might  easily  occur.  Of  the  reasonableness  of  that 
observation  the  same  manuscript  volumes  which  contain  (wholly 
or  partially)  the  text  of  ^  Church- Grith^  supply  a  remarkable 
confirmation,  of  which,  when  I  made  it,  I  had  not  taken  notice. 
They  both  contain  a  document,  entitled  in  both,  *  Sermo  Lupi 
ad  Anglos^  quando  Dam  maxime  persecuti  sunt  eosj '  to  which 
(in  both)  are  added  the  words,  '  qiwd  fuit  anno ' — the  date 
following,  but  differing  in  the  two  manuscripts,  by  a  manifest 
clerical  error  in  one  of  them,  probably  in  the  Cottonian  Nero 
A.  I ;  where  it  is,  '■Anno  MloXIIII  ab  incarttatione  D^i  N"  IHV 
XPI.      In  the  Parker  manuscript  it  is,  'An  yi^^NWW- ab  ifi- 

1  AF,  pp.  283,  284. 

2  Ibid. ,  p.  285.  The  Author's  reference  to  Edred  and  Edwy,  (C,  p. 
102),  in  connection  with  the  question  about  the  words,  '  Edgar,  who 
was  lasf,'  is  unintelligible  to  me.  In  A.D.  1014  Edgar  could  not  be 
named  simply  as  the  last  lawgiver,  without  passing  by  Ethelred  himself, 
which  might  as  well  be  done  in  Canute's  as  in  Ethelred's  time. 


376  SUPPLEMENT 

carnatione  D^i  N"  IHV  XPI.'  This  date  (A.D.  1009)  agrees 
better  with  the  facts  of  history  than  the  other  (a.d.  10 14). 
Wanley  has  made  that  document  the  subject  of  a  note  in  his 
catalogue  of  the  Parker  manuscripts.^ 

I  cannot  perceive  that  the  Author  has  attempted  any  real 
answer  to  anything  which  I  have  thus  said,  upon  the  main 
question.  Of  the  little  which  may  have  an  indirect  bearing 
upon  it,  I  find  in  his  History  only  three  things  worthy  of 
remark ;  on  two  of  which  (as  to  Archbishop  Odo  borrowing 
from  '  Egbert's  Excerptions,'  and  as  to  the  gloss  on  one  of 
Dunstan's  canons,  commented  on  in  my  chapter  on  '  Aelfric 
and  his  schooP)  I  shall  hereafter  observe.  The  other  is  this 
sentence :  ^ 

'  It  has  escaped  Lord  Selborne's  notice  that  Canute's  con- 
firmation of  Edgar's  law,  which  grants  one-third  of  the  tithes 
to  the  manorial  priests,  comes  to  the  same  thing  as  the  three- 
fold division  of  tithes  in  the  '  Church-Grith '  law.  The  principle 
is  the  same  in  both,  namely,  that  the  manorial  priest,  or  the 
priest  of  the  mother  Church,  was  legally  entitled  to  no  more 
than  one -third  part  of  the  tithes,  and  that  the  modern  use 
of  taking  all  the  tithes  was  contrary  to  all  rules,  laws,  and 
customs.'' 

A  characteristic  sentence,  which,  with  infinite  coolness, 
begs  the  whole  question  !  It  had  by  no  means  '  escaped 
my  notice'  that  the  argument  as  to  Edgar's  law,  here  ad- 
vanced, might  be,  and  had  been,  suggested  by  writers  whose 
minds  were  preoccupied  with  the  notion  of  a  tripartite  division 
of  tithes.  I  gave  what  I  thought  a  sufficient  answer  to  it,  at 
the  end  of  that  section  of  my  chapter  on  '  The  Primacies  of 
Odo  and  Dunstatt,^  which  relates  to  King  Edgar's  laws.^  For 
what  conceivable  reason  should  the  framers  of  Church-Grith, 
leaving  out  that  particular  law  of  Edgar  while  they  repeated 
other  tithe-laws  of  that  king  found  in  the  same  ordinance,  have 
put  (as  it  were)  into  its  place  their  own  clause  for  a  tripartite 
division, — for  what  conceivable  reason  should  Canute,  while 

^  Antiq.  Literat.  Septenir.  lib.,  p.  137  (under  No.  XXXIX.  of  the 
catalogue).  I  had  not  observed  the  date  in  the  Parker  MS.  when  the  note 
at  page  287  of  Ancient  Facts,  etc.,  was  written. 

=*  C,  p.  122.  8  AF,  pp.  225,  226. 


SUPPLEMENT  377 

re-enacting  Edgar's  law,  have  omitted  from  his  code  that  article 
Q>i '•  Church-Griih''  as  to  the  tripartite  division, — if  the  one  'comes 
to  the  same  thing'  with  the  other?  In  that  case  they  would 
at  least  have  been  found  standing  together  in  Canute's  code. 
If  the  assignment  of  one-third  of  the  local  tithes  to  the  local 
priest  had  been  founded  on  some  legal  or  customary  partition 
of  tithes  between  clergy,  poor,  and  church-repairs,  then  the 
other  two-thirds  ought,  upon  the  same  'principle,'  to  have 
been  assigned  to  the  local  poor  and  the  repair  of  the  manorial 
church.  But  they  were  left  to  'the  old  minster.'  The  sug- 
gestion that  the  lawgiver,  without  saying  so,  intended  the 
clergy  of  '  the  old  minster '  to  divide  those  two-thirds  between 
the  poor  (I  suppose,  the  mairicularii^  of  their  own  church) 
and  the  repairs  (I  suppose  of  that  church  also),  without  carry- 
ing them  into  the  common  fund  of  the  monastery,  or  drawing 
anything  from  them  for  their  own  maintenance,  is  purely  arbi- 
trary. And  to  suppose  that  the  clergy  of  'the  old  minster '  would 
have  so  understood  or  acted  upon  Edgar's  law,  in  the  absence 
of  words  requiring  them  to  do  so,  is  a  hypothesis  at  variance 
with  all  that  is  known  as  to  the  rule  and  practice  of  the  English 
Benedictine  monasteries  in  that  king's  time. 


§  6.  My  '  Witnesses,^ 

So  much  with  respect  to  the  state  of  the  issue  between  the 
Author  and  myself  upon  the  main  question.  He  expends  his 
ammunition  in  an  attack  upon  outworks,  the  demolition  of 
which,  if  accomplished,  would  not  bring  him  nearer  to  the 
mark.      But  how  stands  the  case  as  to  those  outworks  ? 

I  have  said  in  my  chapter  on  the  legislation  of  Ethelred 
and  Canute,  (and  it  is  true)  : — 

1.  That  if  the  ancient  collectors  and  translators  into  Latin 
of  Anglo-Saxon  laws  kijew  of  the  existence  of  the  document 
entitled  '  Of  Church-Grith^ — which  I  thought  probable, — they 
cannot  have  regarded  it  as  an  Anglo-Saxon  law ;  for  it  has  no 
place  in  their  translations.  ^ 

2.  That  the  English  antiquaries  and  Anglo-Saxon  scholars 

^  AF,  pp.  77-79,  215.  2  ii,id,^  pp.  271,  272. 


OF  THE 

UNIVERSITY 


37^  SUPPLEMENT 

of  the  sixteenth  and  seventeenth  century,  whose  attention  was 
given  to  the  same  class  of  documents, — Lambarde,  Selden, 
Spelman,  Whelock,  and  John  Johnson, — (if,  again,  they  knew 
of  the  existence  of  '  Church-Griih^^  which  also  I  thought  prob- 
able),— did  not  so  regard  it ;  for  no  mention  of  it  is  found  in 
the  collections  or  writings  of  any  of  them.^ 

3.  That  David  Wilkins,  who  first  published  '  Church-Grith ' 
in  his  Leges  Anglo-Saxonicce,  did  not  include  it  in  his  Con- 
cilia, where  it  would  have  been  entitled  to  a  place,  if  he  had 
taken  the  Author's  view  of  it.^ 

The  Author  calls  these  my  '  wittiesses^  though  I  have  built 
nothing  upon  their  silence,  or  (if  they  had  the  necessary 
knowledge)  on  their  presumable  opinions.  The  Author  arrays 
them,  one  after  another,  as  witnesses  for  cross-examination, 
disparaging  the  authority  of  some  ;  and,  as  to  all,  taking  issue 
with  me  as  to  the  probability  of  their  having  known  anything 
of  the  document  in  question.  This  is  all  that  he  does  ;  and, 
except  as  to  certain  discoveries  which  he  thinks  he  has  made 
(as  to  a  supposed  difference  between  the  present  contents  of 
the  Cottonian  volume,  Nero  A.  i,and  its  condition  in  the  time 
of  Selden  and  Spelman),  it  will  be  enough  for  me  to  show 
that,  in  the  little  which  I  said  in  that  chapter  about  those 
writers,  I  did  not  speak  unadvisedly. 

First,  as  to  the  ancient  translators  of  Anglo-Saxon  laws,  I 
think  it  cannot  reasonably  be  doubted  (though  the  Author  has 
taken  exception  to  my  saying  so  ^)  that  they  intended  their 
collections  to  be  complete — by  which  I  mean,  complete  so 
far  as  relates  to  the  general  laws  of  Wessex,  and  of  England 
under  the  supremacy  of  Wessex,  in  Anglo-Saxon  times.  There 
is  no  indication  of  a  design  on  their  part  to  do  either  less  or 
more  than  this  : — it  is  nothing,  therefore,  to  the  purpose  that 
their  collections  did  not  include  the  laws  of  the  Kentish  kings, 
enumerated  among  their  omissions  by  the  Author.* 

If  they  knew  nothing  of '  Church-Grith,'  their  ignorance 
might  perhaps  be  of  more  importance  (as  negative  evidence) 
than   their  opinion    of  its    character,    if  they   did   know   it. 

1  AF,  pp.  282,  283.  2  j^ifi^^  p^  283. 

'  In  the  Appendix  to  my  Defence  of  the  Church  of  England,  etc.  (4th 
ed.,  p.  361).     See  C,  p.  113.  *  C,  p.  112. 


SUPPLEMENT  379 

The  Latin  translations  printed  by  Mr.  Thorpe  ^  are  ascribed 
by  him  to  the  twelfth  century — a  time  sufficiently  near  to 
the  Anglo-Saxon  monarchy  to  make  it  improbable  that  any 
Anglo-Saxon  enactments  of  general  (especially  ecclesiastical) 
importance,  which  had  in  the  preceding  century  been  acknow- 
ledged and  acted  upon  as  laws,  would  have  been  beyond 
the  knowledge  of  the  translators,  or  have  escaped  their 
research.  If  the  document  entitled  '  Of  Church-Grith '  was 
not  found  in  any  of  the  repositories  to  which  they  had  access, 
the  inference  would  not,  I  think,  be  favourable  to  that  view 
of  its  character  and  operation  which  the  Author  maintains. 
I  thought  it,  however,  probable  that  copies  of  a  document 
of  that  nature,  of  which  manuscripts  have  come  down  to 
our  own  times,  might  have  been  found  in  those  repositories 
in  the  twelfth  century,  and  even  so  late  as  Bromton's  time  ; 
and,  giving  credit  to  the  translators  for  knowledge  of  the 
places  where  the  materials  for  their  work  were  most  likely 
to  be  found,  and  for  a  reasonable  amount  of  diligence  and 
research,  I  thought  they  were  likely  to  have  been  acquainted 
with  it,  if  it  were  there.  I  leave  it  to  others  to  judge  of  the 
degree  of  probability,  one  way  or  the  other.  It  is  a  perfectly 
fair  observation  of  the  Author,^  that  some  undoubted  secular 
laws, —  those  of  Thundersfield  (the  Decretutn  Sapientum 
AnglicB)  under  Athelstan,  and  of  the  Council  of  Colinton 
under  Edmund  (both  which  are  in  Bromton),  and  Canute's 
Poorest  Laws,  are  not  in  those  old  Latin  translations  ;  and  I 
cannot  doubt  that  the  two  earlier  would  have  been  there,  if 
the  translators  had  found  them  in  the  places  to  which  they 
had  access.  All  that  it  occurs  to  me  to  suggest  is,  that  there 
was  nothing  in  them  of  special  interest  to  ecclesiastics,  and 
so  that  they  might  be  preserved  in  fewer  places.  Canute's 
Forest  Laws  are  less  likely  to  have  been  unknown  :  their 
limited  application  to  the  Royal  Forests  may  perhaps  have 
been  the  reason  for  their  omission ;  but  that,  of  course,  is  no 
more  than  conjecture. 

The  other  omissions   which  the  Author  mentions  are  of 

1  Ancient  Laws,  etc.,  vol.  ii.  pp.  447-551.     (See  Mr.  Thorpe's  Preface 
to  vol.  i.  p.  xvi.) 


38o  SUPPLEMENT 

little  weight.  Some  of  them  are  irrelevant,  if  my  view  of  the 
translators'  design  is  correct ; — the  laws  of  the  Kentish  kings  ; 
Alfred's  summary  of  Mosaical  precepts,  which  (though  the 
Author  calls  it  *  King  Alfred's  Scriptural  Laws  '),  was  no  law  at 
all ;  the  '  Decretum  Cantianum^^  which  also  was  no  law  at  all ; 
and  Grith  and  Mund.  And,  with  respect  to  the  omitted  Acts 
of  that  latter  part  of  King  Ethelred's  reign  during  which  the 
Danes  were  ravaging  England,  there  seems  good  reason  to 
believe,  from  what  appears  in  '  Church- GritW  itself,  that  con- 
stitutional objections  were  taken  in  that  king's  time  to  the 
way  in  which  they  were  passed,  and  that  they  never  had 
practical  operation,  except  so  far  as  they  were  confirmed  and 
re-enacted  by  Canute. ^  The  '  Supplement  to  Edgar's  Laws ' 
raises  by  that  title,  as  well  as  by  the  form  of  its  contents,  a 
question  as  to  its  character.^ 

Next,  as  to  the  learned  men  of  the  sixteenth  and  seven- 
teenth centuries  ; — I  will  take  the  less  considerable  of  them 
first. 

1.  My  reason  for  thinking  it  probable  that  Lambarde  knew 
Qf  the  existence  of  '  Church-Grith '  is,  that  he  tells  us  in  the 
preface  to  his  Archaionomia  ^  that  he  had  access  to  and  made 
use  of  the  Anglo-Saxon  manuscripts  in  Archbishop  Parker's 
library ;  of  which  not  the  least  interesting  and  important  were 
those  contained  in  the  same  volume  with  '■Church-Grith? 
It  is  nothing  to  the  purpose  that  he  did  not  print  the  laws 
of  the  Kentish  Kings  (of  which  there  is  only  one  original 
manuscript,  the  Textus  Roffensis^  forming  no  part  of  the  Parker 
collection),  or  the  laws  of  William  the  Conqueror,  or  the  Latin 
compilation,  falsely  called  *  Laws  of  Henry  the  First.' 

2.  My  reason  for  thinking  the  same  of  Whelock  is,  that  he 
lived  in  Cambridge,  and  appears,  on  the  face  of  his  editions 
of  Lambarde's  Archaiono7nia  and  Bede's  History^  to  have 
made  full  use  of  the  opportunities  which  he  had  of  becoming 

^  See  AF,  pp.  277,  278. 

2  Thorpe,  Anc.  Laws,  vol.  i.  pp.  274-279.  None  of  the  MSS.,  which 
contain  the  '  Laws,'  also  contain  the  '  Supplement'  ;  and  I  infer,  from  the 
collation  of  texts  in  Mr.  Thorpe's  notes,  that  neither  of  the  two  MSS. 
from  which  he  prints  the  '  Supplement '  contains  the  laws. 

'  Published  I^y  Day  in  1568. 


SUPPLEMENT  381 

acquainted  with  the  Anglo-Saxon  manuscripts  bequeathed  by 
Archbishop  Parker  to  Corpus  Christi  College.  That  he  should 
have  overlooked,  or  (if  he  did  not  overlook)  that  he  should 
have  failed  to  make  himself  acquainted  with  the  contents 
of,  the  volume  which  contains  '  Church-Grith^  seemed  to  me 
improbable. 

3.  My  reason  for  thinking  the  same  of  John  Johnson  is, 
that  he  refers  to  that  volume  itself,  in  his  preface  to  the  Laws  of 
the  Northumbrian  Priests;  saying  :  ^  '  These  laws  stand  before 
those  of  Edgar,  in  the  MS.  of  C.C.C.C.,  S.  18,  though  Sir  H. 
Spelman  placed  them  after.'  Knowing  thus  from  himself  that 
he  was  acquainted  with  and  made  use  of  the  volume,  I  must 
be  excused  for  disregarding  Mr.  Baron's  dicttmi  in  1850  (which 
the  Author  quotes  ^  as  if  it  were  evidence),  that  '  Church-Grith ' 
was  '  altogether  unknown  to  him.' 

4.  As  to  Selden,  the  Author^  agrees  with  me,  that  he  was 
well  acquainted  with  the  Cottonian  volume,  now  known  as 
Nero  A.  i,  in  the  state  in  which  it  was  when  he  published  his 
History  of  Tithes  in  1 6 1 8  ;  but  he  rejects  my  inference  ; 
because  (he  says)  '  that  law  was  not  in  the  volume  for  him  to 
see  or  read,  nor  was  it  in  the  [Cottonian]  Library.'  This  is 
the  Author's  discovery,  which  he  undertakes  to  prove  ;  it  will 
be  seen  whether  he  proves  it  or  not.  Meanwhile,  I  shall  take 
the  liberty  to  assume  that,  when  Selden  wrote,  so  much  of 
'■Church-Grith^  as  is  now  in  Nero  A.  i  was  in  Sir  Robert 
Cotton's  Library,  and  in  that  volume.  Selden  not  only 
referred  to  the  Cottonian  manuscript  of  'Egbert's  Excerp- 
tions '  (as  the  Author  acknowledges),  but  he  made  use  of  the 
texts  of  Athelstan's  tithe-ordinance  and  Edgar's  tithe  law  con- 
tained in  the  same  volume,  for  the  purpose  of  collating  them 
with   Lambarde.^     The   copy   of  Athelstan's    tithe-ordinance, 

1  Johnson's  Laws  and  Canons  (Baron's  ed.  1850),  vol.  i.  p.  372, 
(Compare  Spelman,  Concil,  p.  502  ;  and  Wanley,  p.  137,  Nos.  xxi.  xxii.) 

2  C,  p.  105.  (Mr.  Baron's  words,  '  in  the  face  of  which '  I  have 
presumed  to  form  an  opinion  for  myself,  are  at  p.  vii.  of  his  Preface. ) 

3  Idid.,  p.  103,  (Selden's  History  of  Tithes  was  dedicated  to  Sir  Robert 
Cotton,  with  an  acknowledgment  of  the  use  made  of  his  Library.) 

•*  See  the  list  of  '  The  aricient  Records  and  other  Manuscripts'  used  by 
Selden  for  his  Historie  of  Tithes,  at  the  end  of  the  original  edition  of  1618. 
Those  'in  Sir  Robert  Cotton's  Librarie'  exceed  all  the  rest  in  number. 


382  SUPPLEMENT 


of  which  Selden  so  made  use,  is  part  of  the  same  manu- 
script (among  the  different  pieces  brought  together  in  Nero 
A.  i)  which  contains  '  Church-Grith^  so  far  as  Church-Grith  is 
there. 

5.  The  Author  concedes,  as  to  Spelman,  what  he  does 
as  to  Selden.  He  'had  access  to  every  book  and  manu- 
script in  Sir  Robert  Cotton's  Library,'  1  In  the  margin  of  the 
manuscript  of  'Egbert's  Excerptions'  m  Nero  A.  i,  there  is 
a  note  (in  writing,  I  think,  of  the  latter  part  of  the  seventeenth 
century),  saying  that  Spelman  printed  the  '  Excerptions '  from 
it.  But,  on  looking  to  what  Spelman  himself  says,^  I  feel 
more  doubtful  of  this,  than  I  did  when  Ancient  Facts  a?td 
Fictions  was  published ;  and  I  have,  for  that  reason,  modified 
what  I  said  as  to  his  knowledge  of  Nero  A.  i.  Spelman 
had  not  only  some  knowledge,  greater  or  less,  of  Sir  Robert 
Cotton's  manuscripts ;  he  was  also  very  familiar  with  the 
Parker  manuscripts  in  the  library  of  Corpus  Christi  College, 
Cambridge  ;  and  he  printed  the  Laws  of  the  Northumbrian 
Priests  from  the  volume  in  that  library  which  contains 
'  Church-Grith^  where  only  the  Anglo-Saxon  text  of  the  Laws 
of  the  Northumbrian  Priests  is  found. ^ 

6.  As  to  Wilkins,  I  said,*  that  he  was  the  first  to  publish 
^Church-Grith''  in  h\s Leges Anglo-Saxonicce,  'where  he  combined 
it,  in  a  manner  for  which  the  manuscripts  afforded  no  warrant, 
with  the  ordinances  of  Habam,  etc.  If  he  had  regarded  it  as 
an  authentic  ecclesiastical  law  when  he  afterwards  (in  a.d. 
^737)  published  his  great  collection  of  Acts  of  Councils  and 
other  English  ecclesiastical  documents,  it  must  have  found  a 
place  there,  which  it  does  not.' 

In  this  passage,  the  word  Habam  has  been  rightly  pointed 

Among  them  are  '  Saxon  Laws  in  Saxon,'  with  references  to  pp.  213,  219, 
222.  Page  213  contains  in  the  margin  a  reading  of  part  of  King  Athel- 
stan's  Tithe  Ordinance,  from  the  Cottonian  MS.  {In  MS.  Cottoniano) ; 
and  p.  219  has  another,  of  two  words  in  Edgar's  Tithe-Law.  [Compare 
Mr.  Thorpe's  collation  of  the  same  places,  from  his  MS.  G,  i.e.  Nero  A.  i, 
in  Anc.  Laws,  vol.  i.  pp.  194  (note  11),  195  (note  b),  264  (note  5).] 

^  C,  p.  104. 

2  Spelman's  Concilia  (ed.  1639),  p.  275. 

^ Ibid.,  p.  502  ;  and  see  Wanley's  Antiq.  Literat.  Septentr,  lib.,  p.  137, 
Nos.  xxi.,  xxii.  *  AF,  p.  281  (first  ed.) 


SUPPLEMENT  383 

out  by  the  Author  ^  as  a  mistake ;  it  is  a  clerical  error,  not 
perceived  before,  because  absolutely  unimportant,  except  as 
showing  that  I  may  be  guilty  of  a  slip  through  mcuria,  like 
other  men.  I  have  corrected  it  to  Wantage  (the  right  word). 
I  suppose  it  was  that  slip  which  led  the  Author  to  say  ^  that 
I  confounded  the  Ordinances  of  Habam  with  another  docu- 
ment, the  ordinance  of  A.D.  1008,  which  he  calls  (after  Mr. 
Thorpe)  ^  Liber  Co7istitutionnm.^  If  he  had  read  the  earlier 
sections  of  the  same  chapter  oi  Ancient  Facts  and  Fictions 
in  which  the  slip  occurs,  he  would  have  seen  that  I  did  not 
confound  those  two  documents,  and  could  not  possibly  have 
done  so.  Nevertheless,  I  thank  him  for  enabling  me  to  set 
right  the  mistake. 

What  Wilkins  did,  '  in  a  manner  for  which  the  manuscripts 
afforded  no  warrant,'  was  to  combine  four  documents  (of  which 
the  Ordinance  of  1008  was  the  first,  Grith  and  Mund  the 
second,  Church-Grith  the  third,  and  the  laws  of  Wantage  the 
fourth),  under  the  title  ^  Liber  Constitutionum  tempore 
Aethelredi  Regis ' ;  which  he  placed  after  his  next  preceding 
title,  '  Leges  Aethelredi  Regis ^  and  before  the  next  following, 
'  Concilium  AenhamenseJ  ^  That  combination  was  not  found 
in  any  manuscript  (though  the  three  first  of  the  four  documents 
did  follow  each  other  in  the  same  order  in  Nero  A.  i)\  and  the 
title  under  which  he  placed  them  (which  Mr.  Thorpe,*  in  the 
table  of  contents  of  his  first  volume,  though  not  in  the  body  of 
that  work,  has  borrowed  from  him,  applying  it  only  to  the  first 
document  of  the  four)  was  one  of  his  own  invention  ;  there  being 
no  such  '  book,'  and  no  manuscript  in  which  that  title,  or  any- 
thing like  it,  is  applied  to  all  or  any  of  those  documents.  I 
cannot  but  think  that,  by  placing  them  under  such  a  title, 
Wilkins  showed  that  (rightly  or  wrongly)  he  did  not  consider 
them  as  well-authenticated  laws  of  King  Ethelred.  And  I 
adhere  to  the  opinion  that  Church-Grith  (of  which  all  the 
articles  are  ecclesiastical),  must  have  found  a  place  in  his 
Concilia^    if  he  had  in   1737  regarded  it  as  a  document  of 

1  C,  p.  106.  2  ij,id^^  p^  ^^ 

3  Wilkins,  Leges  Anglo-SaxoniccB  (1721),  pp.  106,  no,  113,  117,  119. 
^  Thorpe,  Ancient  Laws,  vol  i.     Table  of  Contents,  xxviii.     (Compare 
ibid.,  pp.  304,  305.) 


384  SUPPLEMENT 

authority.  The  Author  says,  that  he  also  omitted  from  his 
Concilia  the  Ordinance  of  1008,  which  contained  a  consider- 
able number  of  ecclesiastical  articles.  That  is  true ;  but  he 
included  in  that  collection  the  Acts  of  the  Council  of  Enham  ; 
and  he  doubtless  saw,  that  those  Acts  and  the  Ordinance 
of  1008  could  not  stand  together,  as  having  concurrent 
authority.  I  do  not  doubt  that  he  took  the  same  view  of  the 
Ordinance  of  1008  that  he  did  of  Church-Grith.  It  is  nothing 
to  the  purpose,  that  an  eminent  Anglo-Saxon  scholar,  with 
whom  Archdeacon  Hale  conversed,  thought  no  weight  due  to 
Wilkins's  opinion,  whatever  it  was.^  I  have  said  nothing 
about  the  weight  of  his  opinion :  I  have  only  shown  what  it 
was,  or  may  be  presumed  to  have  been.  But,  if  the  question 
with  Wilkins  was  as  to  the  character,  and  not  as  to  the 
genuineness  of  the  document,  it  is  not  clear  to  me  that  his 
judgment  ought  to  be  set  aside  as  unworthy  of  consideration, 
because  the  Archdeacon's  friend  thought  meanly  of  him  as 
an  Anglo-Saxon  scholar,  in  comparison  with  Schmid,  and  may 
perhaps  have  been  right  in  thinking  so :  which  is  all  that  the 
conversation  amounts  to. 

§7.  The  Cottonian  Vohcine^  Nero  A,j. 

I  come  now  to  the  Author's  supposed  discovery,^  that  the 
documents,  which  he  calls  Wke  Chtirch  Mund  and  Church- 

1  C,  p.  107.  See  Archdeacon  Hale's  tract  on  The  Antiquity  of 
the  Church-Rate  considered,  etc.  (Rivingtons,  1837),  p.  31.  The  Author 
says,  that  I  (and  others),  '  while  quoting  Price's  opinion,  carefully  avoided 
any  reference  whatever  to  the  second  or  favourable  opinion,  though  it  is 
printed  in  a  footnote  to  the  page  in  which  Price's  letter  appears  '  (the  italics 
liere  are  his).  And  in  his  preface,  p.  vii,  he  speaks  of  this  as-  '  most 
unfair'  (his  own  italics  also),  and  as  a  'careful  omission'  of  'material 
evidence  furnished  by  Archdeacon  Hale,  which  is  dead  against  their 
opinions.'  It  is  as  little  against  my  opinion,  as  it  is  'evidence.'  If  I  had 
called  in  question  the  genuineness  of  the  document,  there  might  have  been 
some  reason  for  my  mentioning  that  anonymous  opinion  in  its  favour, 
though  resting  on  the  mere  fact  that  Schmid  had  published  it  in  his 
collection  of  Anglo-Saxon  laws.  But  I  did  not  adopt  Mr.  Price's  opinion  ; 
I  stated  my  own  opinion  to  be,  that  the  document  was  genuine ;  but  was 
♦a  draft  or  project  of  laws,  which  the  framer,  evidently  an  ecclesiastic  of 
Aelfric's  school,  wished  to  have  enacted.' — AF,  p.  279. 

2  C,  pp.  98-101  ;  and  preface,  p.  vii. 


SUPPLEMENT  385 

Grith  laws^  were  not  in  the  volume  now  called  Nero  A.  i,  nor 
in  the  Cottonian  Library,  in  Selden's  time,  nor  during  the  life 
of  Sir  Robert  Cotton  (who  died  in  1631),  or  of  his  son  ;  but 
that  they  were  added  to  the  Library,  and  put  into  Nero  A.  i, 
by  his  grandson,  Sir  John  Cotton  (who  died  in  1702),  towards 
the  end  of  his  life.  For  proof  of  which,  the  Author  relies 
upon  the  absence  of  any  titles  descriptive  of  those  particular 
documents,  in  certain  lists  or  catalogues,  of  which  I  shall  in 
due  course  speak — upon  that,  and  nothing  else.  Those  lists 
or  catalogues  are  silent,  not  as  to  Grith  and  Mund  and 
Church-Grith  only,  but  also  as  to  the  Ordinance  of  A.D.  1008, 
which  immediately  precedes  them,  and  several  other  documents 
now  in  Nero  A.  i,  which  I  shall  hereafter  describe.  If  the 
Author's  inference  were  good  as  to  any  of  those  documents,  it 
would  be  equally  good  as  to  them  all. 

Before  addressing  myself  to  that  issue  (relevant  only,  of  all 
the  matters  discussed  in  Ancient  Facts  and  Fictions^  to  the 
question  of  the  accessibility  of  those  documents,  as  found  in 
Nero  A.  i,  to  Selden  and  Spelman),  I  have  to  make  my  acknow- 
ledgments to  the  Author  for  taking  notice  of  one  or  two  points 
in  my  description  of  the  manuscript  volume  Nero  A.  i  itself, 
which  were  either  incorrect,  or  too  confidently  put  forward. 
They  are  of  no  importance  to  any  historical  question;  but  I 
am  glad  to  set  them  right ;  and  they  have  led  me,  in  my  further 
examination  of  the  same  volume  for  the  purposes  of  this 
supplement,  to  observe  exactly  every  part  of  it,  in  a  way  which 
was  not  necessary  for  any  purpose  which  I  formerly  had  in 
view. 

I  acknowledge,  that  my  eyes  were  at  fault  in  deciphering 
the  very  minute  and  faded  writing  of  the  date  added  by  John 
Josceline,^  at  the  head  of  the  undated  rubric  of  Church-Grith  in 
Nero  A.  I.  I  read  it,  *  A''  dom  1014' :  the  Author  truly  says, 
that  it  is  ''  A^"  dni  1014.'     It  is  now  corrected  in  my  text. 

My  next  slip  has  been,  while  making  use  of  some  short 
memoranda  taken  down  when  I  first  looked  at  Nero  A.  i,  to 
give  an  unduly  wide  application  to  the  words,  *  without  break^ 
which  ought  to  have  been  restricted  to  one  portion  of  the  first 

^  C,  p.  loi. 
2  C 


386  SUPPLEMENT 

half  of  the  volume;  that  contained  in  folios  71  to  97  ;  the 
most  material,  and  as  to  which  they  would  have  been  correct. 
I  wrote  :^  'The  Worcester  book  begins  with  Canute's  laws, 
which  are  followed  by  those  of  Edgar,  Alfred,  Athelstan, 
Edmund,  Ethelred  ;  2  and  after  them  Grith  and  Mund  and 
Church-Grith ;  all  in  Anglo-Saxon,  without  break,  and  in  that 
order.'  It  was  not  necessary  for  me  to  take  notice  of  any  other 
original  matters  found  in,  and  forming  integral  parts  of,  the 
identical  manuscripts  which  contained  those  laws  ;  and,  so  far, 
I  might  have  had  nothing  to  change.  But  it  was  not  correct  to 
describe  the  volume  as  if  it  had  been,  from  the  laws  of  Canute 
down  to  Church- Grithy  one  continuous  manuscript.  The 
Author's  division  of  it,^  down  to  that  point,  into  four  '  tracts,'  is 
not  far  from  the  mark ;  though  I  should  not,  like  him,  call  Josce- 
line's  modern  supplement  to  Alfred's  laws  one  of  those  '  tracts,' 
or  take  it  into  account  at  all.  The  laws  of  Canute,  which  are  in 
one  handwriting,  and  have  at  their  end  two  blank  pages,  may 
without  impropriety  be  called  one  '  tract '  :  the  laws  of  Edgar, 
and  the  chapter-titles  and  part  of  the  preamble  of  Alfred's  laws 
(with  other  matters  interposed  in  the  same  manuscript),  are  in 
another  handwriting,  and  may  be  called  a  second  '  tract ' ;  part 
of  which  has  been  lost,  for  it  comes  abruptly  to  an  end,  at  the 
bottom  of  the  second  page  of  folio  56,  with  an  imperfect  sen- 
tence, which  Josceline  has  completed  by  adding  the  words 
^  odnu7n  man?tuiJt,^  ^  followed  by  his  own  Supplement,  in 
fourteen  folios.  And  the  part  of  the  volume  which  for  the 
present  purpose  is  most  material — that  which  contains  certain 
clauses  of  Church-Grith — beginning  at  folio  71  and  ending 
with  folio  97,  is  in  a  third  handwriting,  and  may  be  called 
another  '  tract.'  I  am  well  inclined  to  adopt  that  phraseology ; 
especially  as  the  list  at  the  beginning  of  Nero  A.  i,  on  which 

1  AF,  p.  280  (first  ed. ) 

2  Here,  and  in  another  place  where  the  same  enumeration  is  made 
(AF,  p.  242),  I  have  named  Ethelred  ;  who,  however,  is  not  named  in 
the  manuscript.  I  did  so,  because  the  Ordinance  of  1008  (whatever  ques- 
tion there  might  be  as  to  its  authority)  purports  on  its  face  to  have  been 
made  by  king  and  witenagemot ;   and  Ethelred  was  then  king. 

3  C.  pp.  117,  118. 

*  See  Thorpe,  Ancient  Laws,  vol.  i,  p.  56  (sixth  line  from  foot  of  the 
Anglo-Saxon  text). 


SUPPLEMENT  387 


the  Author's  supposed  discovery  depends,  is  headed,  *  Catalogus 
Tractatuum  m  isto  volumine^ 

But  when  the  Author  says  :  ^ 

'  There  are  several  breaks  in  the  volume  between  the  laws 
of  the  five  kings.  .  .  .  The  first  break  is  of  six  folios,  between 
the  first  and  second  parts  of  Alfred's  laws.  Then  a  second 
break  of  no  less  than  twenty-eight  folios  between  the  last  part 
of  Alfred's  and  the  beginning  of  Athelstan's.  Here  there  are 
two  breaks  of  thirty-four  folios  ;  and  there  are  seven  heads  of 
other  manuscripts  which  are  bound  up  in  those  breaks  of  thirty- 
four  folios  ' : — 

I  must  confess  my  inability  to  understand  him.  It  is  not 
the  fact,  that  there  is  any  '  other  manuscript  bound  up,'  either 
(i)  between  (what  he  calls)  the  first  and  second  parts  of 
Alfred's  laws,  or  (2)  between  the  last  part  of  Alfred's  and  the 
beginning  of  Athelstan's,  except  Josceline's  modern  supplement 
of  the  laws  of  Alfred  and  Ina  ;  which  contains  not  twenty-eight 
but  only  fourteen  foHos,  and  has  interposed  between  it  and  the 
beginning  of  Athelstan's  laws  seventeen  folios,  of  another  and 
an  entirely  different  manuscript.  The  pieces  which  occupy  those 
seventeen  folios,  before  Athelstan's  laws,  and  those  interposed 
between  the  chapter  titles  and  the  preamble  of  Alfred's  laws, 
are  not  '  other  manuscripts  bound  up '  with  the  laws  ;  they  are 
as  much  original  and  integral  parts  of  the  two  'tracts,'  or 
manuscripts  containing  the  laws,  as  the  laws  themselves. 
What  the  Author  means  by  a  '  break,'  I  do  not  know ;  what 
I  mean  is  a  breach  in,  or  interruption  of,  the  continuity  of  a 
manuscript. 

I  have  corrected  the  inaccuracies  which  I  have  acknow- 
ledged. Nothing  turns,  in  the  question  as  to  the  character 
and  authority  of  Church-Grith,  upon  the  precise  date  of  the 
'  tract,'  or  manuscript,  containing  it  (so  far  as  it  is  contained) 
in  Nero  A.  i.  As  to  that,  it  is  possible  that  both  the  Author 
and  myself  may  have  been  too  confident.  He  is  certain  2  that 
the  handwriting  is  earlier  than  a.d.  1035,  the  year  of  Canute's 
death.  I  thought  it  might  'be  asserted,  without  risk  of  error,' ^ 
that  nothing  in   the  volume   was  written   before  the   end   of 

1  C,  p.  118.  2  ji,i^  3  j^Y,  p.  280  (first  edition). 


SUPPLEMENT 


Canute's  reign.  In  so  saying,  I  founded  more  than  I  now 
think  I  ought  to  have  done  upon  the  priority  of  place  which 
Canute's  laws  have  in  the  volume.  I  did  not  doubt  then, 
nor  do  I  now,  that  the  contents  of  all  the  ancient  manu- 
scripts in  Nero  A.  i  were  the  same,  and  arranged  in  the  same 
order,  as  they  are  now,  when  that  volume  first  came  into  Sir 
Robert  Cotton's  possession,  and  also  when  the  book  was  in 
the  monastic  Hbrary  of  Worcester.  But  it  is  certainly  possible, 
that,  when  the  several  '  tracts '  contained  in  the  volume  were 
first  put  together,  they  may  have  been  arranged  in  a  different 
order  from  that  in  which  they  were  written.  The  Author  has 
persuaded  himself,^  by  a  comparison  of  the  handwriting  with 
some  ancient  charters,  that  all  the  earlier  portions  of  the 
volume  down  to  folio  56  {i.e.  the  two  first  'tracts')  were 
written  in,  or  not  before,  the  reign  of  William  the  Conqueror  ; 
differing,  in  that  respect,  from  Mr.  Thorpe. 2  My  own  judg- 
ment, from  a  similar  comparison  with  charters  which  I  also 
have  seen,  might  not  be  the  same ;  but  I  make  no  claim  to  be 
an  expert  in  palaeography,  and  I  am  therefore  content,  on 
this  point,  to  qualify  what  I  originally  wrote. 

The  ground  being  thus  cleared  for  an  examination  of  the 
Author's  supposed  discovery,  I  will  lay  before  my  readers  the 
evidence  of  the  volume  itself 

I  do  not  know  when  the  manuscripts  of  the  Cottonian 
Library  were  first  classified  under  the  names  of  the  Roman 
emperors,  etc.,  derived  from  their  busts  which  stood  above  the 
several  compartments  of  the  library.  It  was  certainly  before 
1695,  when  Dr.  Smith's  catalogue  ^  was  made — I  believe  long 
before.  Whenever  that  classification  was  made,  the  volume  in 
question  must  have  been  placed  under  its  present  title,  Nero 
A.  I,  which  is  the  first  of  a  series  ;  being  followed  by  sixteen 
other  numbers  of  Nero  A.,  and  then  by  Nero  B.  and  Nero  C, 
etc.     That  it  should  have  received  that  place,  may  be  presumed 

1  C,  p.  118. 

^  Mr.  Thorpe  ?,2CjS  oi  Nero  A.  1  (List  of  Manuscripts,  etc,  following 
Preface  to  vol.  i.  p.  xxv),  '  Octavo,  formerly  belonging  to  Worcester ; 
written  at  various  times ;  the  Anglo-Saxon  portion  apparently  in  the 
beginning  and  fniddle  of  the  xith  century.' 

^  It  is  the  classification  of  that  catalogn^e. 


SUPPLEMENT  389 


to  have  been  due  to  its  antiquity  and  importance  ;  and  the 
owner  of  the  library  would  hardly  have  been  likely  to  tamper 
with  it  afterwards.  The  name  of  Sir  Robert  Cotton,  ^  Ro  : 
Cotton  Bruceus^^  written  in  a  fair  hand, — doubtless  Sir  Robert's 
own, — is  at  the  foot  of  its  first  page. 

Of  this  volume,  Nero  A.  i,  we  know  for  certain,  that  it 
belonged,  as  early  as  A.D.  i  580,  to  John  Josceline,^  Archbishop 
Parker's  celebrated  librarian  and  secretary,  and  afterwards 
came  into  the  hands  of  Sir  Robert  Cotton.  There  is  another 
manuscript  volume  in  the  Cottonian  collection  {Julius  C.  2) 
which  contains  some  extracts  from  the  Textus  Roffensis^'^  and 
others  from  Nero  A.  i,  by  Francis  Tate,^  an  Anglo-Saxon 
scholar  of  some  note  in  his  day,  a  friend  of  Josceline  and  of 
Sir  Robert  Cotton,  who  was  bom  in  A.D.  1560,  and  died  in 
16 16.  Prefixed  to  the  extracts  from  Nero  A.  i,  is  the  heading  : 
'  Ex  libro  admodum  antiquo  quern  habet  dominus  Joannes 
Jocelinus  1580  Novemb.j^ — with  the  postscript  added,^ 
*■  Remanet  apud  Rob.  Cotton^  militem  et  baronettu7n^  27  Mali 
161 3,  F.  Tate.^  There  is  ample  proof  that  the  state  of 
Nero  A.  i,  when  Tate  made  his  extracts  and  wrote  in  those 
terms  of  the  book,  was  the  same  that  it  is  now. 

It  contains,  besides  the  interpolated  laws  of  Alfred  and 
Ina,  much  of  Joscehne's  writing  scattered  through  its  different 
component  parts, — sometimes  interlineations,  sometimes  mar- 
-  ginal  notes,  sometimes  short  pieces  crowded  into  vacant  spaces 
in  the  lower  part  of  leaves  partially  filled  in  the  old  manu- 
script.    The  laws  of  Canute,  Edgar,  and  Alfred  are  interlined 

1  In  so  spelling  the  name,  I  follow  Selden  (except  as  to  the  final  e),  and 
Hearne  (Seld.  Hist,  of  Tithes,  ch.  ix,  p.  286,  ed.  161 8.  Hearne,  Preface 
to  Avesbury's  Hist,  of  Edw.  HI.  §  9).  In  Athence  Cantabrigienses  (vol,  ii. 
p.  366)  it  is  written  Joscelyn  ;  and  in  the  inscription  on  his  monument, 
Joceline.     Wanley  calls  him  Josselinus. 

2  '  H,'  in  Mr.  Thorpe's  list  of  MSS.  etc.  (Preface  to  vol.  i.  oi  Ancient 
Laws,  p.  25). 

3  See  Smith's  Catalogue  of  1695,  under  Julius  C.  2  ;  and  Tate's  own 
signature  in  Julius  C.  2  before  the  extracts  from  the  Rochester  book, 
and  also  at  fol.  99b.  Some  of  the  side-notes,  etc. ,  in  Julius  C.  2,  are  in 
Sir  Robert  Cotton's  writing.  (As  to  Tate  himself,  see  Wood's  Athence 
Oxonienses  (Bliss''  ed. ),  vol.  ii.  179). 

^  Crowded  in,  between  the  original  heading,  and  the  beginning  of  the 
extracts. 


390  SUPPLEMENT 

by  him ;  at  folio  49b  (after  the  end  of  the  piece  entitled  by 
Wanley  '  Ojfficium  justi  Judicis\  he  has  filled  a  vacant  space 
with  an  extract  from  Bromton.  In  the  'fourth  tract'  (as  the 
Author  numbers  them),  he  has  made  a  note  after  the  exordium 
of  Edmund's  laws  ;  and  in  the  very  part  of  it  which  the  Author 
supposes  not  to  have  been  in  the  Cottonian  Library  till  more 
than  ninety  years  after  Josceline's  death,  he  has  noted  on  folio 
90a,  before  the  Ordinance  of  a.d.  1008,  <  This  is  not  i?t  print  ^ ; 
and  on  folio  96b,  before  Church-Grith,  he  has  added  the  date 
already  mentioned,  evidently  taken  from  the  manuscript,  now 
at  Cambridge,  which  had  belonged  to  Archbishop  Parker. 
At  the  foot  of  folio  1 1 8a,  after  the  closing  lines  of  the  '  Senna 
Lupi  ad  A?tglos,^  he  has  put  in  a  hymn  on  St.  Dunstan.  At 
foho  119b  he  has  written  '■Parliament  holden  A"  1008'  in 
the  margin  of  (what  seems  to  have  been  a  first  draft  of)  ^  the 
Ordinance  of  A.D.  1008,  which  there  occurs  as  a  separate 
undated  piece,  under  the  rubrical  title,  ''Be  Angol  witena 
Gercednesse.^ 

It  was  after  the  date  1014  had  been  added  by  Josceline  to 
the  Rubric  of  Church-Grith,  in  Nero  A.  i,  that  Tate's  extracts 
from  that  volume,  in  Julius  C.  2,  were  made  ;  he  has  copied 
that  date,  within  lines  distinguishing  it  as  no  part  of  the 
manuscript.  His  extracts  consist :  (i)  of  the  complete  text  of 
the  Ordinance  of  1008  ;  (2)  of  the  complete  text  of  Grith  and 
Mund;  (3)  of  the  Rubric  and  first  sentence  of  Church-Grith^ 
down  to  the  Saxon  word  '  heonanforth ' ;  which  is  followed  by 
'&c.',  and  by  a  scrawl  in  shorthand,^  which  has  been  thus 
deciphered  for  me : — '  Sed  nihil  habet  quod  non  in  aliis 
reperatur '  (sic),  '  atque  quod  habet  mancum  et  mutilu77t  est '  : 
and  (4)  of  some  parts  of  the  '  Institutes,'  with  which  (what 
the  Author  reckons  as)  the  '  fourth  tract '  in  Nero  A.  i  opens. 

^  Its  first  clause  (except  as  to  bishops)  is  the  same  as  that  of  the 
Council  of  Enham.  From  clause  2  to  the  end,  it  corresponds,  except  in 
a  few  words,  with  the  Ordinance  of  1008  ;  although  the  contrary  might 
be  supposed  from  Wanley's  account  of  its  ending.  (See  Schmid,  Gesetze 
der  Angel-Sachsen,  ed.  1858  ;  Preface,  p.  xxii  : — where  there  is  more 
than  one  misprint  in  the  references. ) 

2  This  has  been  deciphered  for  me,  by  the  kindness  of  Mr.  Warner  of 
the  British  Museum. 


SUPPLEMENT  391 


These  facts  make  it  certain,  that  those  folios  of  (what  the 
Author  calls)  the  'fourth  tract,'  which  contain  Grith  and Mund 
and  Chtirch-Grith^  were  in  their  proper  and  present  place  in 
the  volume  when  it  was  in  Josceline's  possession,  and  when 
Tate  described  it  as  'remaining'  with  Sir  Robert  Cotton. 

But  the  case  against  the  Author's  supposed  discovery  does 
not  rest  there.  That  '  fourth  tract ' — one  manuscript  in  one 
handwriting,  earlier  (in  the  Author's  opinion)  than  A.D.  1035 
— consists,  as  I  reckon  them,  of  eight  pieces,  of  which,  and  of 
the  way  in  which  they  succeed  each  other  in  it,  I  will  now 
give  an  account. 

The  three  first  pieces  are  ecclesiastical  compositions,  not 
national  laws:  (i)  Fourteen  chapters  1  of  the  treatise  which 
Mr.  Thorpe  ^  has  printed  under  the  title  '  Institutes  of  Polity^ 
Civil  and  Ecclesiastical^^  to  which  I  refer  by  the  word 
*-  Institutes^  \  (2)  a  piece  with  the  rubric  '■Be  Cristendome^  \ 
and  (3)  another  with  the  rubric  '■Be  Godcundre  WarmmgeJ 
The  second  of  these  begins  on  the  same  page  (folio  77b) 
on  which  the  first  ends,  and  finishes  on  the  eighth  line 
of  folio  84b,  on  which  page  the  space  which  originally  re- 
mained blank  is  filled  up  in  an  ancient,  clear,  and  large  hand 
(later  than  that  of  the  principal  manuscript),  with  an  extract 
from  a  book  of  St.  Augustine  on  certain  heretics.  The  third 
begins  at  the  top  of  folio  85  a,  and  ends  on  the  fourteenth  line 
of  folio  87b.  On  the  same  folio  where  it  ends  (87b)  the 
rubric  of  Athelstan's  Tithe  Ordinance,  Aethelstanes  Gerced- 
nes^  immediately  follows  ;  and  the  text  of  that  Ordinance  ends 
on  the  sixteenth  line  of  folio  88b.  Then  comes  the  rubric 
(immediately  following  on  the  same  page)  of  Edmund's  laws, 
'  Eadmundes  Gerosdnesj'  appearing  (on  the  face  of  the  manu- 
script apart  from  modern  marginal  notes)  to  cover  the 
succeeding  context  down  to  and  including  the  second  line  of 
folio  90a.  Then,  on  the  same  page,  follows  the  Ordinance  of 
A.D.  1008  under  the  rubric  ^  In  Nomine  Dni  An  Dnic  Incarn 

1  The  chapters  not  included  in  those  fourteen  are  also  m  Nero  A.  i,  but 
in  distinct  manuscripts,  later  in  the  volume.  They  are  numbered  in  Plaxta's 
catalogue  of  the  contents  of  that  volume,  19,  20,  21,  26,  31,  32,  33. 

2  Thorpe,  Ancient  Latus,  etc.,  vol.  ii.  pp.  304-341.  (See  AF,  pp. 
252,  285.) 


392  SUPPLEMENT 


MVIIIi'  continuing  to  the  sixteenth  line  of  folio  93b,'  where 
it  is  succeeded  by  the  rubric  of  Grtth  and  Mund  (closely 
crowded  within  the  lines),  ^  Be  GritheZ.Be  Munde,^  and  by 
the  text  of  that  document,  continuing  to  the  nineteenth  line 
of  folio  96b.  Then  comes,  on  the  same  page,  the  rubric  '  Be 
Cyric  Grit  he  ^^  and  the  beginning  of  the  text  of  Church-Grith^ 
with  the  sixth  clause  of  which  document  (not  the  same  with 
the  sixth  clause  of  the  Parker  manuscript)  the  whole  '  tract  * 
or  manuscript  ends  at  folio  97b. 

Mr.  Thorpe!  published  his  text  of  Church-Grith  as  from 
Nero  A.  i,  with  collations  from  the  Parker  manuscript;  and 
in  the  first  edition  of  Ancient  Facts  and  Fictions^  I  took  it  on 
his  authority,  that  the  whole  of  that  document  was  really  in 
Nero  A.  i.  Wanley,  however,  and  after  him  Wilkins  ^  and 
Planta  (as  well  as  Tate  in  1580),  had  all  described  the  text 
which  follows  the  rubric  ^  Be  Cyric  Grithe^  at  folios  96b  to 
97b  oi  Nero  A.  i,  as  'mutilated': — Wanley's  words  being: 
'  Calce  mutila  est  hcec  Constitutio  j  sed  eandem  habes  paginain 
i7itegram^  Schmid  ^  perceived  the  difficulty  of  reconciling  the 
mutilation  so  spoken  of  with  Mr.  Thorpe's  account  of  the  text 
which  he  followed.  He  thought,  that  by  the  words,  '  eandem 
habes  pagi?ta?n  integram '  (which  I  understand  to  mean  that 
page  97b  of  Nero  -^4.  i  is  perfect)  Wanley  meant,  that  what 
was  missing  there  was  found  in  some  other  part  of  the  same 
volume  : — which  (though  it  does  not  appear  that  he  had  seen 
the  book)  he  judged  to  be  a  mistake.  The  fact  is,  that  no 
more  than  the  five  first,  out  of  the  forty-four  clauses  contained 
in  the  Parker  text  of  Church-Grith,  are  found  in  pages  96b  to 
97b  of  Nero  A.  i  ;  and  I  have  myself  searched  in  vain  for 
anything  like  the  other  thirty-nine  clauses  in  the  rest  of  the 
volume.  I  took  notice,  in  my  first  edition,  of  the  fact  that 
Mr.  Thorpe  had  prefixed  to  his  text  of  Church-Grith  the 
title  found  in  the  Parker  manuscript,  but  not  in  Nero  A.  i  ; — 
I  might  have  added,  that  he  has  omitted  the  opening  words, 

^  The  real  source  of  Mr.  Thorpe's  text  is  unknown  to  me.  His  colla- 
tion of  it  with  the  Parker  manuscript  exhibits  no  more  than  twelve  verbal 
variations  ;  all  slight,  and  merely  clerical. 

2  Leges  Anglo-SaxoniccB,  p.  106. 

3  Geseize  der  Angel-Sachsen,  ed,  1858  ;  Preface,  p.  xxii. 


SUPPLEMENT  393 


'■In  fioinine  Domini^  which  are  found  in  Nero  A,  i,  but  not  in 
the  Parker  manuscript.  And,  if  I  had  then  known  what  I 
know  now,  I  might  have  further  added  (what  is  of  much  greater 
importance)  that,  aUhough  the  five  first  clauses  of  Church- 
Grith^  in  foHos  96b-97b  of  Nero  A.  i,  are  the  same  with  the 
five  first  of  the  Parker  manuscript,  the  sixth  is  not  found  there, 
nor  anywhere  else  that  I  can  discover.  That  part  of  folio  97b 
is  not  in  all  parts  easy  to  decipher,  being  worn  and  discoloured ; 
but  the  sense  of  its  sixth  clause,^  (evidently  in  pari  materia 
with  the  preceding  clauses,  as  to  penalties  for  different  kinds 
and  degrees  of  sacrilege),  appears  to  be,  that  by  the  North- 
umbrian law  some  churches  dedicated  to  St.  Peter,  St.  Wilfrid, 
and  two  other  saints  whose  names  are  not  clear,  had  greater, 
and  others  less,  privileges  of  sanctuary,  under  certain  rules 
and  conditions.  Such  a  difference  from  the  Parker  manuscript 
can  hardly,  I  think,  be  explained  on  any  other  view  than  that 
taken  in  Ancient  Facts  and  Fictiofts ;  viz.,  that  we  have  not, 
in  Church-Grith,  the  text  of  any  legislative  enactment,  by  any 
king  and  witenagemot ;  but  only  a  draft  or  project  of  a  pro- 
posed law,  which  might  well  vary  (as  these  two  texts  do)  in 
different  editions  or  stages. 

It  is  of  no  importance,  with  respect  to  the  question  with 
which  we  have  to  do,  that  in  Nero  A.  i  the  exordium  2  of 
Edmund's  laws,  after  the  rubric  near  the  foot  of  folio  88b,  is 
followed  by  a  text  which  really  contains  not  Edmund's,  but 
part  of  Edgar's  laws.^  Folio  89a  begins  with  words  *  which 
belong  to  the  third  clause  of  Edgar's  secular  Ordinance ; 
which  Ordinance  is  continued  to  the  end,  on  the  second  line 

1  I  am  indebted  to  Mr.  Warner  for  a  transcript,  of  so  much  of  it  as  is 
legible  in  an  ordinary  light ;  and  to  Professor  Earle,  of  Oxford,  for  a 
translation.  The  Northumbrian  churches  which  had  great  privileges  of 
sanctuary  were  York  (St.  Peter),  Ripon  (St.  Wilfrid),.  Durham  (St.  Cuth- 
bert),  Hexham  (St.  Andrew),  and  Beverley  (St.  John). 

2  See  Wanley's  Catalogue  [Antiq.  Literat.  Septentr.  lib.,  p.  212): — 
No.  xiii.  ♦  Fol.  88b.  Eadmundes  Gercednes  {quod  est  tantum  Exor- 
dium legiin  Edmundi').  This  'exordium,'  or  preamble,  consists  of  less 
than  five  lines  ;  agreeing  (down  to  the  word  which  Mr.  Thorpe  translates 
'  souls  ')  with  the  text  in  Ancient  Laws,  vol.  i.  p.  244. 

3  See  C,  p.  118. 

*  The  Saxon  equivalent  of  '  120  shillings  as  bot.' — See  Thorpe,  Ancient 
Laws,  vol.  i.  p.  267. 


394  SUPPLEMENT 

of  folio  90a.  This  may  have  happened  in  one  of  two  ways  ; 
one  fold  or  sheet  of  parchment,  containing  the  ecclesiastical 
laws  of  Edmund  and  Edgar,  and  the  earlier  part  of  Edgar's 
secular  Ordinance  (the  uppermost  of  the  folds  in  that  part 
of  the  volume),  1  may  have  fallen  out  and  been  lost ;  or  the 
scribe  may  have  turned  over,  inadvertently,  more  pages  than 
one  at  a  time.  Whichever  may  be  the  true  explanation,  the 
volume  was,  in  that  respect,  in  the  same  state,  when  it  came 
into  Josceline's  hands  ;  for  there  is  a  note  of  his  at  the  foot  of 
folio  88b  (so  faint,  and  in  such  minute  letters,  that  it  might 
easily  escape  notice)  which  was  originally  in  two  lines  ;  but 
the  lower  line  has  been  cut  ofF,^  probably  when  the  volume 
was  bound  in  Sir  Robert  Cotton's  time.  The  upper  line, 
which  now  remains,  is  :  '  The  rest  of  Edmund's  laws  and  alP  : 
— the  sequel  having  doubtless  been,  Hhe  earlier  part  of 
Edgar's^  are  wanting.^  The  note,  thus  mutilated,  did  not 
bring  to  the  notice  of  casual  observers  the  fact,  that  Edmund's 
laws,  beyond  their  mere  exordium,  did  not  follow  their  proper 
rubric.  This  does  not  appear  to  have  been  observed  until  after 
Dr.  Smith's  catalogue  of  1695  was  made  ;  for  he  takes  no  notice 
of  it  ;  nor  did  the  framers  of  the  Privy  Council  list  of  Sir 
Robert  Cotton's  library  in  1632  ;  nor  did  the  original  catalogue 
at  the  beginning  of  Nero  A.  i,  in  which  a  later  hand  has 
suggested  the  correction  of  Edmund  to  Edgar.  And  a  later 
hand  (probably  the  same)  has  also  written,  at  the  top  of  folio 
89a,  the  words,  '  Edgari  legil  pars.''  This  was,  no  doubt,  done 
after  Spelman's  time ;  for  there  are  elsewhere,  in  the  same 
hand,  one  or  two  marginal  notes  referring  to  Spelman's  Concilia. 
It  is  significant — especially  if  this  manuscript  was  written 
(as  the  Author  believes)  before  the  end  of  Canute's  reign — 
that,  while  the  laws  of  Athelstan  and  Edmund  have  rubrics 
with  those  kings'  names,  there  is  no  corresponding  rubric,  such 
as  Aethelrede's  Geroednes,  before  the  ordinance  of  A.D.  1008,  or 
either  of  the  succeeding  documents.  The  name  of  Ethelred  is 
not  mentioned. 

^  Folios  88,  89,  are  now  the  uppermost  fold.  Two  folios  would  allow 
sufficient  space. 

*  Many  of  the  nnarginal  notes,  etc.,  have  been  so  clipped,  throughout 
the  volume. 


SUPPLEMENT  395 


From  the  foregoing  account  it  will  be  seen,  that  (with  the 
exception  of  Be  Godcundre  Warnunge)  there  is  not  in  this 
manuscript  any  single  document  which  is  not  inseparably  con- 
nected with  that  immediately  preceding  it,  by  being  written 
partly  on  the  same  page.  But  the  unity  of  the  whole  '  tract,' 
and  the  inseparableness  from  the  rest  of  those  parts  which  the 
Author  supposes  to  have  been  missing  from  it  when  in  Sir 
Robert  Cotton's  hands,  may  be  still  further  demonstrated. 
For  this  purpose  the  catalogues  on  which  the  Author's 
reliance  is  placed  become  evidence  against  him ;  for  they  all 
mention  among  the  contents  of  the  volume  the  ^  Institutes,^ 
and  the  laws  of  Athelstan  and  Edmund  ;  and  it  is  demonstrable, 
from  the  structure. of  the  volume,  that,  if  these  pieces  were  in 
it  others  belonging  to  the  same  'tract,' — ^ Be  Criste7tdome^ 
'■Be  Godcundre  Warnunge,^  the  ordinance  of  A.D.  1008,  and 
Grith  and  Mund  (although  not  mentioned  in  the  catalogues) — 
must  have  been  there  ;  and,  if  so,  there  is  nothing  to  support 
the  notion,  that  Chtirch-Grith  (as  far  as  it  is  now  in  the 
volume)  was  not  there  also. 

The  whole  of  this  manuscript  volume  is  written  on  parch- 
ment, folded  (generally)  ^  as  the  leaves  of  modern  printed  books 
are  ;  and  in  some  parts  of  it  the  physical  continuity  of  the  pair  of 
folios  belonging  to  the  same  fold  is  patent  to  sight  and  touch. 
Several  such  pairs  of  folios  are  folded  one  within  another ;  the 
folios  formed  by  the  lowest  pair  of  the  same  bundle  being 
necessarily  divided  from  each  other  by  all  those  lying  above 
and  within  it,  so  that  the  same  piece  of  parchment  constitutes 
the  first  and  the  last  folios  of  that  bundle,  and  so  on  (the  dis- 
tance diminishing)  till  the  highest  fold  of  the  bundle  is  reached. 
I  have  verified  in  this  way  the  continuity  of  several  pairs  of 
folios,  and  might  doubtless  have  verified  more  ;  but  the 
following  are  enough.  Folio  74  contains  part  of  the  ^Institutes,' 
which  are  mentioned  in  all  the  catalogues.  The  other  side  of 
the  same  fold  of  parchment  comes  out  at  folio  79  in  the  middle 
of  ^  Be  Cristendome^  which  the  catalogues  relied  on  by  the 
Author  do  not  mention.  Folio  84  contains  the  last  page  of  Be 
Cristendome.     The  other  side  of  the  same  fold  of  parchment 

1  Not  invariably  :  the  pair  of  leaves  containing  the  end  of  Grith  and 
Mund,  and  all  that  is  in  the  book  of  Church-Grith,  are  an  exception. 


396  SUPPLEMENT 

comes  out  at  folio  93,  on  the  second  page  of  which  are  the 
rubric  and  the  commencement  of  Grith  and  Mimd.  Above 
and  within  that  fold  of  parchment  are  all  the  leaves  on  which 
^  Be  Godcundre  Warmmge^^  Athelstan's  laws,  the  rubric  of 
Edmund's  laws,  the  extract  from  Edgar's  laws,  and  the 
ordinance  of  A.D.  1008  (down  to  folio  93)  are  written.  To 
take  the  first  of  those  inner  folds.  Folio  85  contains  the  two 
first  pages  of '  Be  Godcundre  Warnunge.^  The  other  side  of  the 
same  fold  comes  out  at  folio  92,  which  (as  well  as  the  greater 
part  of  folio  93)  belongs  to  the  copy  (not  mentioned  in  the  cata- 
logues on  which  the  Author  relies)  of  the  ordinance  of  A.D.  1008. 

I  have  thus  made  the  Cottonian  volume  Nero  A.  i  tell  its 
own  tale,  which  conclusively  settles  the  question  ;  and,  after  it, 
not  much  need  be  said  of  the  catalogues.  That  prefixed  to 
the  volume  itself  ^  enumerates  twenty-one  pieces  :  a  number 
which,  in  Smith's  Catalogue  of  1695,  I'ose  to  twenty-nine;  in 
Wanley's  to  36,  and  in  Plaxta's  to  49. 

The  contents  of  the  first  half  of  the  volume,  specified  in  that 
original  list,  are  (i)  Canute's  Laws;  (2)  Edgar's  Laws;  (3) 
Alfred's  Laws  (no  notice  being  taken  of  their  imperfect  state  in 
the  manuscript,  or  of  Josceline's  supplement)  ;  (4)  the  Institutes; 
(5)  Athelstan's  Laws  ;  and  (6)  Edmund's  Laws  (no  notice  being 
taken  of  the  fragment  of  Edgar's  laws).  Not  only  were  (i)  Be 
Crz'stendome,  {2) Be  Godcundre  Warnunge,  (3)  the  copy  contained 
in  the  same  'tract'  of  the  Ordinance  of  A.D.  1008,  (4)  Grith  and 
Mund,  and  (5)  Church-Grith^  left  unnoticed  ;  but  the  same  was 
the  case  as  to  the  two  pieces  (6)  Rofnescot,  and  (7)  Offidu7n 
justi  JudiciSj  which  in  the  second  *  tract '  of  the  volume  came 
between  the  chapter-titles  and  the  preamble  of  Alfred's  laws  ; 
beginning  (as  they  both  do)  ^  on  the  same  page  on  which  the 

1  The  Author  says  (C,  p.  104)  :  '  If  Lord  Selborne  had  only  taken  the 
trouble  of  reading  the  original  hst  of  manuscripts  on  the  first  page  of  the 
volume,  he  would  see  at  once  that  the  Church  Mund  and  Church  Grith 
are  not  in  the  list  of  manuscripts  contained  then  in  that  volume.'  It 
would  not  do  to  take  too  seriously  the  Author's  fashions  of  speech.  If  he 
will  look  at  pp.  242  and  287  (note)  of  Ancient  Facts,  etc.  (pp.  242 
and  285  of  the  first  edition),  he  will  see  whether  I  had  '  taken  the  trouble 
to  read  '  that  list,  or  not. 

2  Romescot  is  a  very  short  piece,  beginning  on  folio  47  after  the  con- 
cluding chapter-title  of  Alfred's  laws,    but   not  filling  the  whole  page. 


SUPPLEMENT  397 

chapter-titles  end,  and  forming  (as  they  do  beyond  question) 
original  and  integral  parts  of  the  same  manuscript.  The 
ancient  addition,  at  folio  84b,  of  the  Latin  extract  from  St. 
Augustine,  is  also  omitted  :  which  Dr.  Smith's  catalogue 
inserts,  while  in  the  other  omissions  it  follows  the  original  list. 

If  it  were  more  difficult  than  it  is  to  suggest  an  explana- 
tion of  the  absence  of  any  specification  in  this  catalogue  of 
those  pieces  included  in  the  second  and  '  fourth '  tracts  which 
it  omits,  those  omissions  could  not  be  set  against  the  evidence 
of  the  book  itself  But  it  is  to  be  observed,  that  it  purports 
to  be  a  catalogue  '  Tractatuum,^  and  not  of  all  the  pieces 
included  in  every  '  Tractatus?  Its  framer  (some  amanuensis 
doubtless  of  Sir  Robert  Cotton,  if  not  himself)  appears  to  have 
thought  it  sufficient  to  note,  as  to  each  '  tract '  which  had 
no  general  title  of  its  own,  those  things  in  it  which  he 
regarded  as  of  special  importance,  without  multiplying  the 
entries  by  giving  a  place  to  what  may  have  seemed  to  him 
secondary  matters,  occurring  in  the  same  '  tract '  under  rubrics 
more  or  less  obscure.  Be  this  as  it  might,  his  mention  of 
pieces,  inseparable  from  others  as  to  which  he  was  silent, 
really  proves  that  those  others  were  there  at  the  same  time, 
although  he  did  not  mention  them. 

The  Author  appears  1  to  attach  importance  to  the  general 
list  of  the  Cottonian  Library  drawn  up  by  order  of  the  Privy 
Council  in  1632.  But  it  adds  nothing,  so  far  as  Nero  A.  i 
is  concerned,  to  the  original  catalogue  in  the  volume  itself 

The  purpose  for  which  that  list  was  made  out  was  to 
discover  whether  the  Library  contained  anything  which  could 
be  claimed  as  public  property,  or  might  be  dangerous  to  the 
State.  For  this  it  could  not  be  necessary  to  look,  in  Nero 
A.  I,  beyond  the  Table  of  Contents  prefixed  to  it ;  and  it  is 
manifest  that  the  framers  of  that  general  list  did  this,  and  no 

Then,  on  the  same  page,  follows  the  longer  piece,  Wanley's  Officium 
justi  Judicis,  continued  to  folio  49b,  which  Josceline  has  filled  up,  after 
its  last  hues,  with  his  extract  from  Bromton.  All  this  (except  what 
Josceline  wrote)  is  in  the  same  ancient  writing  with  the  chapter-titles,  and 
with  the  preamble  (which  follows  at  folio  50a),  of  Alfred's  laws. 

^  C,  pp.  99,  100.  At  p.  104  the  Author  says  :  '  The  original  list,  and 
no  more,  is  in  the  Catalogue  of  1632.'  In  point  of  fact,  it  is  less,  rather 
than  more. 


398  SUPPLEMENT 

more.  This  is  their  enumeration:  (i)  Caniiti  Edgari  et 
Aluredi  Regum  Leges j  (2)  Lnstitutio  Regum^  etc.  (in  the 
words  of  the  Nero  catalogue,  with  the  omission  only  of  one 
superfluity  ^ )  ;  (3)  Athelstatii  et  Edmundi  Regum  Leges ; 
(4)  Officiu7n  episcopi^  etc.^  breviter  (abridged  from  the  seventh 
item,  and  probably  meant  to  include  the  twelfth,  of  the  Nero 
catalogue)  ;  (5)  Sermo  Lupi,  etc.  (in  the  words  of  the  Nero 
catalogue,  except  that  it  gives  the  date  in  a  shorter  form,  anno 
stil.  1014);  (6)  Sermo  brevis  pareneticus  ad  Dei  cultum; 
(7)  ^  Anglo-witena  gerednesse^  i.e.  Sapientum  et  optimatuni 
regni  A7iglicB  consilium  Ad?totatur  recenti  charactere 
Parliamentum  fuisse  anno  1008.'  The  two  last  items  are 
in  the  exact  words  of  the  14th  and  15  th  entries  in  the  Nero 
list.  A  stream  cannot  rise  higher  than  its  source  ;  this  Privy 
Council  list  cannot  prove  more  than  the  other  from  which  it 
was  taken. 

1  have  said  enough  upon  this  side-issue  of  the  Author. 
There  remain  two  points,  which  I  reserved  as  having  some 
indirect  bearing  upon  the  principal  question  : — ( i )  as  to  the 
(so-called)  Excerptions  of  Egbert,  and  (2),  as  to  the  gloss  on 
one  of  Dunstan's  canons. 

§  8.   Odd's  Inju7ictions  and  '•Egberfs  Excerptio7is.^ 

The  Author  says  :  2  <  Odo's  Canons '  (they  are  not  Canons) 

*  were  compiled  from  Egbert's  Excerptions  and  [the]  Legatine 
Injunctions.'  As  to  the  Legatine  Injunctions,  I  have  shown, 
in  parallel  columns,^  what  passages  in  them  were  repeated  by 
Archbishop  Odo.  But  for  the  statement,  that  anything  in 
Gdo's  Injunctions  was  taken  from  *  Egbert's  Excerptions,' 
there   is  no  foundation  in  fact.     Those   Injunctions  and  the 

*  Excerptions '  have  nothing  in  common,  except  a  quotation  by 
Odo  (as  to  nuns  only)  from  a  sentence  of  anathema  against 
incestuous  marriages  by  a  Roman  Council  under  Pope  Gregory 
II.,  which  is  extracted,  more  at  large,  in  the  'Excerptions.'^ 

^  i.e.  seu  officia,  after  '  hutitutis.' 

2  C,  p.  88.  ^  AF,  Appendix  B,  p.  325. 

*  See  for  Odo's  Injunctions,  Spelman's  Concil.,  vol.  i.  p.  415.  The 
quotation  from  Pope  Gregory  is  in  the  7th  Injunction  ;  the  '  Excerption  ' 
here  referred  to  is  the  131st  (Thorpe,  Ancient  Laws,  etc.,  vol.  ii.  p.  117). 


SUPPLEMENT  399 


There  is,  beyond  this,  some  correspondence  (not  verbal,  but 
of  matter)  between  the  rule  of  monastic  duty  laid  down  by 
Odo  in  his  sixth  Injunction,  and  a  Canon  of  Orleans  of  A.D. 
501,  and  a  precept  of  Archbishop  Theodore,  both  extracted  in 
the  'Excerptions.'!  But  that  matter  was  co77iinunis juris  in 
the  Church,  as  may  be  seen  {e.g.')  from  the  29th  Canon  of 
the  Council  of  Cloveshoo,  held  under  Archbishop  Cuthbert  in 
A.D.  747.^  If  Odo  (educated  at  Fleury^)  had  quoted  directly 
from  the  Canon  of  Orleans,  or  from  the  precepts  of  his  famous 
predecessor  in  the  Primacy — as  he  did  from  Gregory  the 
Second's  sentence  of  anathema — there  would  be  no  ground 
for  supposing  that  he  obtained  his  knowledge  of  those  authori- 
ties at  second-hand  ;  much  less,  that  there  was  no  compilation 
or  treatise,  other  and  earlier  than  the  '  Excerptions,'  *  from 
which  it  might  have  been  derived. 


§  9.    The  gloss  on  DunstatHs  $sf/i  Canon. 

I  have  commented,  in  Ancient  Facts  and  Fictions^^  upon  a 
gloss  on  one  (the  55th)  of  Dunstan's  Canons,  found  in  a 
manuscript  copy  of  those  Canons  now  in  the  Bodleian  Library, 
which  Mr.  Thorpe  considered  to  be  of  the  tenth  century, 
but  which  (as  to  the  gloss)  I  proved  to  be  not  earlier  than 
Church-Grith.  That  Canon  relates  to  the  distribution  of  the 
people's  alms  by  the  priests ;  the  gloss  appended  to  it  is  : 
*  //  is  rights  that  one  part  be  delivered  to  the  priests^  a  seco7id 
part  for  the  need  of  the  Churchy  a  third  part  for  the  poor.^ 
I  proved  the  commentator  to  have  copied  verbatim  from  three 
articles  ^  of  Church-Grith^  in  another  of  his  glosses  on  another 
of  Dunstan's  Canons  (the  60th,  relating,  not  to  alms  or  tithes, 
but  to  the  chastity  of  priests),  in  the  same  manuscript.  The 
proof  was  complete  :   if  it  had  been  necessary  to  go  beyond 

1  'Excerptions,'  Arts.  63  and  67  (Thorpe,  vol.  ii.  pp.  106,  107). 

2  Johnson's  Laws  and  Canons,  vol.  i.  p.  261. 

3  See  AF,  p.  208. 

^  Such,  e.g. ,  as  the  Staiuta  Synodorum  of  Odo's  own  time,  which  was 
in  the  Conventual  Library  of  St.  Augustin's  Abbey,  Canterbury  (AF,  p. 
248).  5  AF,  pp.  263,  264. 

^  Arts.  28,  29,  30  (AF,  pp.  264,  341,  342). 


400  SUPPLEMENT 

the  evidentia  rei^  exhibited  in  my  notes  by  giving  Mr.  Thorpe's 
translation  of  the  text  of  both  documents,  I  might  have 
strengthened  it  by  adding  the  Anglo-Saxon  text/  and  by 
referring  to  the  fifth  article  of  the  Council  of  Enham,^  and 
the  ninth  article  of  the  Ordinance  of  a.d.  iooS,^  both  in  pari 
inateria  \  but  in  which  some  particular  phrases,  and  some 
additional  matter,  which  are  found  both  in  the  gloss  and  in 
Church-Grith^  do  not  occur. 

Of  this  argument  the  Author  takes  no  notice.  He  seems  to 
think*  that  the  difference  between  alms  and  tithe  (though  in 
the  same  breath  he  asserts  that  '  alms '  in  the  Canon  included 
tithe)  is  sufficient  proof  that  Church-Grith  was  not  the  source 
of  the  gloss  on  the  55th  Canon.  He  propounds  as  'probable' 
a  strange  conjecture  of  his  own,  '  that  the  Bodleian  manuscript 
was  a  gloss  made  in  the  tenth  century  on  the  original  copy  of 
the  Canon  ; '  and  he  insists  on  '  Mr.  Thorpe's  commanding 
position  as  an  Anglo-Saxon  scholar;'  saying  that  I  date  the 
manuscript  ^  a  century  later  than  Mr,  Thorpe.^  Instead  of  a 
century,  the  difference  on  that  point  between  Mr.  Thorpe  and 
myself  need  not  be  more  than  some  fifteen  or  sixteen  years  ;  for 
anything  earher  than  A.D.  1000  was  in  the  tenth  century. 
When  the  question  is  of  the  date,  within  less  than  twenty 
years,  of  an  Anglo-Saxon  manuscript,  I  cannot  be  persuaded 
that  the  opinion  of  any  archaeologist,  however  *  commanding ' 
his  position,  ought  to  be  preferred  to  the  internal  evidence  of 
the  document  itself,  when  it  is  (as  in  this  case)  strong  and 
clear. 

§  10.  Legatine  Injunctions  and  Athelstan^s  Tithe  Ordinance. 

There  are  many  other  things  on  which  I  might  have  been 
tempted  to  observe  if  I  could  afford  space  for  them  ;  such  {eg.) 
as  the  notions  advanced  by  the  Author  in  opposition  to  my 
criticisms  of  the  Legatine  Injunctions  of  a.d.  7 8 5-7, ^  and  of 
King  Athelstan's    Tithe    Ordinance. ^     If   I   understand    him 

1  Thorpe,  Anc.  Laws,  vol.  i.  p.  346. 

2  Ibid.,  p.  317.  ^ Ibid.,  pp.  306,  307. 
*  C,  pp.,  86,  87.                                                 "  KY,  pp.  144-167. 

^  Ibid.,  pp.  183-185.  In  a  note  at  p.  184  I  had  spoken  as  if  the  same 
Anglo-Saxon  MS.  which  contains  Athelstan's  Tithe  Ordinance  also  con- 


SUPPLEMENT  401 

rightly,  his  opinion  is,^  that  everything  done  by  an  Anglo- 
Saxon  king,  with  the  consent  of  any  of  his  councillors  selected 
by  himself  who  would  have  voice  and  vote  in  a  Witenagemot, 
although  bishops  only,^  and  whether  the  matter  was  ecclesi- 
astical or  civil,  had  the  force  which  an  Act  of  Parliament  would 
have  in  modern  times  ;  and  that,  although  upon  the  face  of 
the  record  something  different  from  legislation  might  appear 
to  be  intended,  and  though  the  thing  might  be  done  in  an 
assembly  presided  over  by  an  Italian  Legate  delivering  a  Pope's 
spiritual  injunctions  for  the  submissive  acceptance  of  all 
present,  and  though  strangers,  who  could  not  have  a  place  in 
a  national  Witenagemot,  might  be  present  and  taking  part  in 
those  proceedings.  He  seems  to  think  that  the  classification 
of  any  document  by  Mr.  Thorpe  as  a  '  law '  is  enough  to 
prove  that  it  was  an  enactment  by  a  king  with  the  consent  of 
a  regularly-constituted  Witenagemot.  But  Mr.  Thorpe,  not- 
withstanding the  note  in  his  preface^  to  which  the  Author 
refers,  has  certainly  included  in  his  first  volume  a  considerable 
number  of  documents,  on  the  face  of  which  there  is  not  a  word 
either  claiming  that  character,  or  making  it  probable  that  they 
could  have  possessed  it ;  of  which  Grith  and  Mund  is  one 
notable  example.  And  Mr.  Thorpe's  ideas  of  the  constitu- 
tion of  a  National  Witenagemot  in  Anglo-Saxon  times 
were  not  so  loose  as  those  of  the  Author.*     It  is   difficult 

tained  that  king's  secular  Ordinances  of  Greatanlea.  But,  in  point  of  fact, 
there  is  no  MS.  which  contains  both  ;  as  there  are,  in  other  cases,  under 
Edmund,  Edgar,  and  Canute,  when  civil  and  ecclesiastical  laws,  distin- 
guished from  each  other,  were  enacted  at  the  same  time.  (See  Thorpe, 
Ancient  Laws,  vol.  i.  pp.  194-215 ;  and  244-5,  246-7,  262-3,  266-7, 
358-9-)  ^  C,  pp.  71-74. 

2  The  Author  (p.  72)  places  on  some  words  of  Bishop  Stubbs  the  con- 
struction, that  King  Athelstan's  letter  to  his  reeves,  '  with  the  counsel  of 
the  bishops,'  was  in  a  formula  proper  to  signify  the  concurrence  of  a  re- 
gular witenagemot  with  the  king.  It  is  impossible  that  the  bishop  could 
have  meant  to  deduce  a  general  conclusion  to  that  effect  from  a  single 
example,  about  the  import  and  effect  of  which  there  was  controversy  ;  and 
this  is  a  case  which  stands  alone,  among  the  documents  which  Mr. 
Thorpe  has  collected.  If  he  did,  I  must  respectfully  demur  to  such  an 
induction. 

3  Thorpe,  vol.  i.  Preface,  p.  xiv. 

4  Ibid.,  vol.  i.  pp.  190,  191  (note).  And  see  Glossary  at  the  end  of 
Mr.  Thorpe's  second  volume,  in  voce  'Witenagemot.' 

2  D 


402  SUPPLEMENT 

to  suppose  that  Mr.  Thorpe  intended  to  pledge  his  repu- 
tation to  the  accuracy  of  all  the  titles  under  which  he  has 
classified  or  described  particular  documents :  such  {e.g.^  as 
'  Leges  Regis  Edwardi  Confessoris^^  ^  and  *  Excerptiones 
Ecgberti  Eboracensis  Archiepiscopi?  ^  As  to  the  '  Leges  Regis 
Henrici  Primi^^  ^  we  know  that  he  did  not.  It  is  but  justice 
to  him  to  add,  that  (although  he  prints  some  documents  which 
are  extant  in  Latin  only)  he  gives  no  place  in  his  collection  of 
laws  of  the  Anglo-Saxon  kingdoms  to  the  Legatine  Injunctions 
of  A.D.  795-797. 

^  Thorpe,  vol.  i.  p.  442.  ^  Ibid.,  vol.  ii.  p.  97. 

^  Ibid.t  vol.  i.  p.  497  ;  and  Preface,  p.  xiv. 


INDEX 


Abbo,  36,  37,  65,  209  note,  210, 
217 

Abingdon  Monastery,  124,  171, 
199,  203,  211,  311 

Adrian  I.,  Pope,  3,  5,  7,  9,  49, 
144,  146,  148;  Abbot  of  St. 
Augustine's,  Canterbury,  124 

Aelfric,  Archbishop  of  Canterbury, 
249,  250,  254 ;  Archbishop  of 
York,  249-252  ;  '  the  Grammar- 
ian,' 212,  231,  249-254,  264, 
265;  his  'Canons,'  255-262; 
other  Aelfrics,  250  note 

Aelfvvald,    King  of  Northumbria, 

157,  159 
Ahlstan,  Bishop  of  Sherborne,  201, 

202,  206 
Ahyto,  Bishop  of  Basle,  30 
Ailred,  Abbot   of  Rievaulx,   108, 

Aimonius,  biographer  of  Abbo,  65 
Aix-la-Chapelle,  capitulars  of  (a.d. 

816),  62,  63,  84-86,  112 
Alcuin,  5  note,  77,  125,  138,  142, 
148  note,  169,  170,  231,  233,  234 
Aldhelm,    Bishop    of    Sherborne, 

125,  251 
Alexander  the  Great,  Edgar  com- 
pared to,  212 
Alfred,  King,  172,  179,  180,  207, 
.271,  287;   his  Laws,  179- 181, 

271,  282,  287 
Allen,  John,  196,  197,  198,  306 
Altsig,  Abbot  of  York,  59  note 
Amulo,  Archbishop  of  Lyons,  60 


Andain,   St.    Hubert's  monastery, 
38-42,  229  note,  231,  232,  240, 
242 
Andover,  laws  made  at,  219 
Angilram,  Archbishop  of  Metz,  1 1 
Anglo-Saxon  Chronicle,  141,  151, 

187,  195 
Anglo-Saxon  Church  (first  period), 
99-123;  (second  period),  124-168; 
(third  period),   169-206  ;  (fourth 
period),  207-316 
Anlaf,  King  of  Norway,  271 
Ansegisus,   Abbot   of  Fontenelle, 

10,  31 
Apostolical  canons,  14,  24 
Appropriations  of  churches,   224 ; 

of  tithes,  63-68,  224,  307-316 
Archbishops  of  Canterbury — Au- 
gustin,  99-103,  151;  Mellitus, 
109 ;  Justus,  109 ;  Honorius, 
109,  112- 116,  219;  Theodore, 
99,  110-112,  173,  219,  264,  265  ; 
Brihtwald,  99,  126 ;  Tat  wine, 
126;  Nothelm,  126;  Cuthbert, 
126,  128,  129 ;  Jaenberht,  147, 
151,  156;  Ethelhard,  231; 
Wulfred,  174-177,  219;  Pleg- 
mund,  171,  172  note,  207;  Wulf- 
helm,  ,184  ;  Odo,  99,  154,  208, 
209,  218;  Dunstan,  208-218, 
241,  250,  253,  264;  Aelfric, 
249,  250;  Alphege,  274,  275 
note ;  Ethelnoth,  290 ;  Anselm, 
296,  297  ;  Becket,  296 ;  Bald- 
win, 270  ;  Peccham,  226  j  note 


404 


INDEX 


Archbishops  of  York — Paulinus, 
109;  Egbert,  125,  129-131,  173, 
227-245;  Eanbald,  148  note, 
I57j  231;  Wigmund,  59  note; 
Oswald,  79,  208-210,  213,  217, 
233,  249;  Wulstan,  230,  233, 
251,  262;  Aelfric  Putta,  249, 
250  note,  251,  252 

Ardennes,  37,  44 

Arnulph,  Bishop  of  Orleans,  65, 
210,  218 

Arsaces,  Edgar  compared  to,  212 

Arthur,  King,  Edgar  compared  to, 
212 

Artois,  37 

Asser,  141,  172  note,  190,  195, 
207 

Athelstan,  King,  183,  212,  248, 
249,  271,  282,  284,  285 ;  his 
Laws,  183-185,  271,  282,  400 

Auerbach,  53  note 

Augustin  of  Canterbury,  99-103, 
151 ;  Bishop  of  Orleans,  244 

Augustine,  St.,  41,  248 

Austrasia,  42 

Bale,  John,  245  note 

Balsamon,  75  note 

Baluze,  11,  40,  60,  229';  and  many 

references  in  notes 
Baptismal  churches,  57-60,  71-73, 

91,  92,  loi,  122,  126,  173,  220, 

223,  226 
Bardney  Monastery,  171 
Baron,  Mr.,  250  note,  381 
Bath  Abbey,  140 
Battle  Abbey,  309,  311 ;  Chronicle 

of,  309*  310 
Beauvais,  diocese,  question  as  to 

tithes,  93 
Bede,    107,    117,    120,    121,    124, 

I29-I33»  m^  172,  232,  233 
Benedict,  Biscop,  124  note 
Benedict,  Levite,  10,  33,  83 
Benedict,  St.,  103,  257 
Benedictine  Order,  102,  103,  208- 

216 
Benefices,    ecclesiastical,   94,   95 ; 

lay,  72 


Beohrtric,  King  of  Wessex^  151 
Bernard,   first  Norman  Bishop  of 

St.  David's,  315 
Berlin,  St.,  monastery  of,  211  note, 

233 
Birch,     Cartularium    Saxomcum, 

196  and  references  in  notes 
Bishoprics,  Anglo-Saxon,  108-112, 

214 
Bishops,  their  power  over  church 

revenues,    24-26,    70-74,    137; 

their  share  of  church  revenues, 

27,  30,  32-36,  69,  70,  95,  96 
Blackstone,  Sir  William,  32,  197, 

219 
Bocland,  196,  198,  220,  223,  224 
Boniface,  St.,  Archbishop  of  Mentz, 

125,  128,  137,  172 
Boxgrove  Abbey,  311 
Brabant,  37 

Brewer,  J.  S.,  228  note,  360 
British  Church,  ancient,  1 00- 102 
Bromton,  Abbot  of  Jorvaulx,  138, 

139,  271 
Burchard,  Bishop  of  Worms,  19, 

81  note,  83 
Burial-grounds,  61,  173,  220,  222, 

223 

Cadillac,  314,  351 
Coesarius,  Archbishop  of  Aries,  47 
Camden,  William,  113 
Canon   Law,   ancient   Roman,   9, 
24,  49 ;  modern  Roman,  20,  91 
Canons,  Anglo-Saxon,  of  Hertford, 

127,  128 ;  Archbishop  Cuth- 
bert's,  133-136;  of  Legatine 
Councils  (A.D.  785-787),  160- 
167 ;  of  Archbishop  Wulfred, 
174-177;  of  Archbishop  Dun- 
stan,  216,  217;  of  Enham,  274- 
277;  pseudo  -  Nicene,  76;  so- 
called,  of  Aelfiric,  255-262 

Canterbury,  Primacy  of,  108,  109, 
147-149,    151,    152;    Cathedral, 

128,  198;  Monastery,  124,  247, 

311 
Canute,  King,  177,  193,  271,  277 
note,  279,  282,  287,  298,  299; 


INDEX 


405 


his  laws,  287-292,  and  Ap- 
pendix E 

Capitulare  Episcoporum^  36-45, 
57,  217,  218,  225,  227,  232,  258, 
262,  268,  269,  281  ;  Metz  MS. 
of,  38-40,  57,  232,  243,  258; 
Andain  MS.  of,  39-41,  227,  229, 
231,  232,  236,  237,  243,  258- 
262 ;  both  texts  collated.  Ap- 
pendix A,  Suppl.  373 

Capitulars  of  Frank  princes,  3,  4, 
25j  27,  41,  50,  51,  57,  61,  64, 
71,  72,  73,  81,  84  note,  ^T,  88, 
242 

Carisbrooke,  tithes  of,  353,  354 

Caroline  Books,  5 

CartulariumSaxonicum,  Birch,  196 

Cassian,  59 

Centenarions,  59 

Chalchyth,  Legatine  Council  of, 
144-167,  Suppl.  400 

Chale,  tithes  of,  353,  354 

Chapels,  56,  81,  89,  173 

Charlemagne,  3,  4,  5,  6,  7,  8,  42- 
44,  61,  146-148 

Charles  the  Bald,  Emperor,  64, 
73,88 

Chester-le- Street,  Bishopric  of,  171 

Chinnor,  tithes  of,  355,  356 

Chrodegang,  Bishop  of  Metz,  269 

Church  appointments,  under  Frank 
princes,  6,  7  ;  in  Spain,  6 

Church- Grith,  Of,  document  en- 
titled, 222  note,  263,  278-289, 
292,  Append,  E,  Suppl.  371-395 

Church-scot,  181  note,  218,  220 

Clement  of  Rome,  his  pretended 
epistle  to  St.  James,  14,  15,  19 

Clergy,  their  share  of  church  re- 
venues, 27,  70,  71 

ClovisL,  3,  35,  42;  II.,  65 

Codex  Diplomaticus,  Kemble,  196, 
and  references  in  notes 

Co-heirs  of  churches,  ^t^.  84 

Comber,  Thomas,  Dean  of  Carlisle, 
186,  308,  312,  358,  359 

Condros,  43 

*  Congrua  portio,'  224 

Consecration     of     churches,     81, 


120,  297  ;  of  tithes,  90,  308-316; 
charters,  313-316,  and  Ap- 
pendix H 
Constantine  the  Great,  his  pre- 
tended Donation,  14-18 
Constantine,  monk  of  Fleury,  233 
Corbey  Abbey,  77,  79,  211,  233 
Cornwall,  Bishopric  of,  171 
Councils,  English — Chalchyth  (a.D. 
785-787),  143-151;  (A.D.  816), 
174-177;  Cloveshoo  (a.D.  747), 
126,  133-136;  (A.D.  803),  99, 
147  ;  Enham  (or  Eanham),  273- 
278;  Geddington  (a.d.  1188), 
194;  Hatfield,  117;  Hertford, 
9,  117;  Winchester  (a.d.  975), 
213,  217 
Councils,  Foreign — Antioch,  24  ; 
Aix-la-Chapelle,  V.,  62,  84-86, 
112,  243  ;  VIII.,  7  ;  Aries,  VI., 
5  note,  25  note,  42,  62,  242 ; 
Braga,  I.,  34;  H-,  34.  55  note, 
218;  Chalcedon,  55,  59,  75 
note;  Chalons,  II.,  25;  III., 
5  note,  83 ;  Clermont,  IV.,  67 ; 
Frankfort,  25  note,  72  note,  73, 
81  ;  Lateran  (a.d.  1078),  66 ; 
III.,  68,  297,  308,  309-311; 
Macon,  II.,  47,  48;  Martzen, 
31  ;  Mentz,  I.,  5  note,  25  note, 
42,  62,  72  note,  242,  243  ;  III., 
25  note,  31,  62 ;  Merida,  34, 
55  note;  Metz,  V.,  90;  Neo- 
Caesarea,  257  note;  Nicsea,  I., 
256,  265;  II.,  5;  Orleans,  I., 
245  35>  75j  81,  218;  III.,  26; 
Paris,  v.,  6  note;  VI.,  30,  32; 
Pavia,  I.,  25  note,  64  note ;  II., 
25  note,  63,  64  note ;  Poictiers, 
67;  Ravenna,  89;  Rheims,  II., 
5  note;  Rome  (a.d.  848-854), 
82 ;  Rouen,  49 ;  St.  Denis,  65  ; 
Salzburg,  30;  Seville,  I.,  49; 
II.,  55;  Tarragona,  33;  Thion- 
ville,  30  note;  Toledo,  III., 
25;  IV.,  32,  33;  IX.,  33,  81, 
82;  XII.,  6;  XVI.,  32,  33,  218; 
Toul,  I.,  73;  Tours,  II.,  4,  7, 
8;    III.,   5    note,   41,   51,    52; 


4o6 


INDEX 


(a.d.  1 163),  6^  ;  Tribur,  31,  61, 

88;  Verneuil,  I.,  57,   58;   II., 

59    note;    Worms,    I.,    31,    71 

note,  75,  88. 
Crediton,    Bishopric  of,   171,  235, 

241,  252,  and  Appendix  F 
Crowland  Abbey,   124,   171,  311  ; 

charters,  178 
Customs  of  churches,  26 
Cuthbert,  St.,  107,  121,  129,  130; 

Archbishop,  126,  128,  129,  130- 

136 
Cynethryth,  Queen  of  Offa,  142  note 

D'Agnesseau,  Chancellor,  95 

Danegeld,  302 

Danes,  their  ravages,  168 -171; 
their  government  in  East  Anglia 
under  Alfred  and  his  son,  180 ; 
in  Ethelred's  time,  272,  287,  375 

Dauphine,  modern  custom  of,  as 
to  division  of  tithes,  91  note 

Decimation,  principle  of,  194 

Decretals,  forged,  of  Isidore 
'Mercator,'  i,  2,  13-19,  244;  of 
Pope  Gregory  IX.,  64  note,  67 
note,  68  note,  82  note,  93  note 

'  Decuriones,'  59 

Denis,   St.,   Abbey  of,  211    note, 

233 
Diceto,   Ralph   de,   Dean   of  St. 
Paul's,  141,  147  note,  150,  190, 

*  Dioecesis,'  of  a  baptismal  church, 

55,  56  note,  61 
Dionysius  '  Exiguus,'  9,  24  note, 

47,  49  note 
Dominicans,  80  note 
'Dominium,'  of  parochial  endow- 
ments, 95 
Dorchester,  Bishopric  of,  no,  in, 

171 
Ducange,  36  note,  56  note,  73  note, 

77  note,  79  note 
Dugdale,  Sir  William,  314 
Dunne,  officer  of  King  Ethelwulf, 

205 
Dunstan ,     Archbishop,     208  -218, 

241,  250,  253,  264;  his  Canons, 


216,  217  ;  glosses  on  them,  263, 

264,  Suppl.  399,  400 
Dunwich,  Bishopric  of,  no 
Durham,  Bishopric  of,  171 

Eadbert,  British  Bishop  of  Lin- 
disfarne,  107 

Ecclesiastical  Institutes^  translated 
from  Theodulph,  262,  299,  361 

Echard,  History  of  England,  186 

Edgar,  King,  173,  177,  178,  193, 
212-216,  219-226,  253,  271,  272, 
278,  284,  285,  286;  his  laws, 
219-226,  271,  272,  282,  286, 
289,  294,  295,  301,  304,  305, 
307,  376-7 

Edgar  Atheling,  304 

Edmund,  King  of  England,  155, 
212,  218,  271,  284,  285 ;  his 
laws,  218,  271,  282 

Edmund  Ironside,  286 

Edmund,  St.,  King  of  East  Anglia, 
210 

Edred,  King,  178,  209,  212 

Edward,  King,  the  Elder,  172, 180, 
182,  207,  271  ;  his  treaty  with 
Guthrum  II.,  180-183,  271 

Edward,  King,  the  Martyr,  276, 
285,  304 

Edward  the  Confessor,  King,  235 
note,  289,  300-309;  laws  as- 
cribed to  him,  300-306 

Edward  III.,  King,  310,  311 

Edwy,  King,  212 

Egbert,  Archbishop  of  York,  125, 
1 29- 1 31,  173;  his  'Penitential,' 
136,  229,  231,  232,  233,  236, 
237,  241  ;  his  *  Dialogue,'  136 ; 
'  Excerptions '  attributed  to  him, 
40,  177,  241-245 

Egbert,  King,  147,  170 

*  Egbertine '  compilations  of  tenth 
or  eleventh  centuries,  227-245 ; 
Bodleian  '  Penitential,'  229,  235- 
241,  and  Appendix  C ;  Cottonian 
•Excerptions,'  229,  241-245; 
Parker  manuscript  in  Corpus 
Christi  College,  Cambridge ;  229- 
235  ;  fragment  in  National  Lib- 


INDEX 


407 


rary  at  Paris,  229,  236  ;  collation 

and  comparison,  Appendices  A 

and  D,  Suppl.  370,  398 
Egferth  or  Egfrid,  son  of  Offa,  151 
Elmham,  Bishopric  of,  III 
Elm  ham,    Thomas    of,    1 1 6,    117, 

120-122 
Ely  Monastery,  171 
Enham   or   Eanham,    Council  of, 

273-277 
Ercombert,  King  of  Kent,  113 
Ethelbald,  King  of  Mercia,  198 
Ethelbert,  King  of  East  Anglia,  141 
Ethelbert,  King  of  Kent,  181 
Ethelbert,  King  of  Wessex,  170 
Ethelred  I. ,  King  of  Wessex,  1 70 
Ethelred  the  Unready,  King,  193, 

217,   250,    252,    253,    271-287; 

his  Laws,  271-278  ;  his  supposed 

law  for  partition  of  tithes,  278- 

287,  Suppl.  386,  394 
Ethelric,  Bishop  of  Sherborne,  250 

note 
Ethelward,  Chronicle,  141,  188 
Ethelwold,    St.,    Bishop  of  Win- 
chester, 208,  209,  211,  213,  217, 

249 
Ethel wulf.  King,  59  note,  170,  179; 

his  charters,  186-206,  313?  371 
Eucharist,  Holy,  Aelfric's  doctrine 

concerning,  231,  258 
Evesham  Abbey,  124,  171 
Exeter,    Bishopric    of,    235,    and 

Appendix  F 
Exeter   'Penitential,'  in   Bodleian 

Library,  229,  235-241,  and  Ap- 
pendix C 
Exeter  Rule  for  Secular  Canons, 

264-270,  and  Appendix  G 
Exhall  parish  church,  its  charter  of 

consecration     and     endowment, 

315,  and  Appendix  H 
Eye  Monastery,  311 

Fabric-funds  of  churches,  71 
*  Familia,'  44,  66,  73 
Ferrieres,  Abbey  of,  138 
Feudalised  tithes,  63,  224 
Field-churches,  223 


Finan,  St.,  of  Lindisfarne,  lio 
Flamens  of  ancient  Rome,  2 
Flanders,  Dunstan's  flight  to,  212 
Fleury,  Abbey  of,  36,  79,  209-212, 

214,  217,  233,  234 
Florence  of  Worcester,  140,  151, 

190 
Folcland,  196,  197,  202,  204,  206 
Forged  decretals  of  early  Popes, 

I,  2,  13,  14-19 
Franciscans,  80  note 
Freeman,  E.  A.,  250  note,  281 
French  Annalist,  quoted  by  Selden, 

189 

Gelasius,  Pope,  27,  81 
George,  Bishop  of  Oslia  (a.D.  785- 
787),  146,  148  note,  131-153,  156 
Gerald,  monk  of  Fleury,  66 
'  Gerocomia,'  of  Eastern  Church,* 

75 
Gervase  of  Canterbury,    141,  207 

note,  276  note 
Ghaerbald,   Bishop  of  Liege,  42, 

45,  57,  58 
Ghent,  St.   Peter's  Monastery  at, 

212,  214,  217 
Gildas,  247 

Giraldus  Cambrensis,  loi,  194 
Glastonbuiy  Abbey,  124,  181  note, 

211,  212 
Gloucester,  Robert  of,  189 
Godwin,  De  Prcesulibus,  114 
Gratian's  Decretum,   2,    7,  8,    19, 

25  note,  26  note,  46,  49,  55  note, 

56  note,  58,  60,  61,  63,  64  note, 

66  note,  67  note,  79,  81  note,  82, 

83,  91,  92 
Gregory  the  Great,   Pope,  26,  28, 

66,  69,   70,  74,  103,  108,  151, 

216,  248 
Gregory  VII. ,  Pope,  7,  25,  66 
Grim  bald,  172  note 
Grith   and  Mund,    Of,   document 

entitled,  278,  279,  282,  288,  390 
Guisborough  Abbey,  311 
Guthmund  of  Norway,  271 
Guthrum  I.,  his  treaty  with  Alfred, 

180 


4o8 


INDEX 


Guthrum  II.,  his  treaty  with 
Edward  the  Elder,  180-183 

Habam,  King  Ethelred's  Laws  of, 

193,  271-273,  281 
Haddan    and     Stubbs,     Councils, 

106,    121,    122,    152,    178,    196, 

200,  206,  229,  231,  232,  and 
Appendix  C,  references  in  notes 
very  frequent 

Hardiknute,  King,  304 

Hardyng,  rhyming  Chronicler,  192 

Harescombe,  tithes  of,  354,  355 

Harold  I.,  King,  245 

Harold  II.,  King,  304 

Hasbain,  44 

Hasfield,  tithes  of,  354,  355 

Hay,  parish  church,  charter  of  con- 
secration and  endowment,  314, 
315,  and  Appendix  H 

Helmstan,  Bishop  of  Winchester, 

201,  202,  204 

Henry  the  Fowler,  Emperor,  8 
Henry  I.,  King  of  England,  242, 

289,  306,  315  ;  laws  ascribed  to, 

306,  307 
Henry    III.,     King    of    England, 

310 
Herard,  Archbishop  of  Tours,  63 
Hereford,  Bishopric  of,  in 
Hexham,  Bishopric  of,  in,  170 
Higher t,  Archbishop  of  Lichfield, 

151,  152 

Higden,  Ralph,  150 

Hincmar,  Archbishop  of  Rheims, 

II,  13,  30,  52,  73,  74,  n,  78, 

86,  88 
Hinschius,  Decretales  Pseudo-Isi- 

doriance,  lO  note,  13 
Holinshed,  139,  191,  192 
Honorius,   Archbishop  of  Canter- 
bury, 109,  112-116,  219 
Hook,  W.  F.,  Dean  of  Chichester, 

119,   147,    168,   249,   250  note, 

273  note,  275  note,  290 
Hospitality,  ecclesiastical  duty  of, 

23,  69,  74,  75,  225,  226 
Hoveden,    Roger,    141,   150,    187, 

188 


Howel  Dha,  Prince  of  Wales,  his 

Laws,  loi  note,  102 
Hucarius,  245 
Hume,  History  of  England^   115, 

186 
Hunsige,  thane  of  King  Ethelwulf, 

205 
Huntingdon,  Henry  of,   141,   150, 

151,  188 

Image-Worship,  5 

Ina,   King  of  Wessex,    126,    127, 

150,  181  ;  his  Laws,  127,  271 
Ingilram  or  Angilram,  Archbishop 

of  Metz,  II 
Ingulph,  140,  178,  191,  193,  195, 

199 
Instthites    of   Polity,    222    note, 

252,  285,  Suppl.  391 
Investiture,     of    bishops,     7 ;     of 

parish  priests,  296 
Irish   Church,   ancient,    loi,    103, 

157,  248 
Isidore,  Archbishop  of  Seville,  13, 

247  ;  the  forger,   i,  13-19,  244, 

279 
Ivo,  Bishop  of  Chartres,  19,  49,  83 

J  ARROW  Monastery,  124,  170 

Jerome,  St.,  46 

John,  deacon,  biographer  of 
Gregory  the  Great,  244 

John,  King  of  England,  310 

John,  King  of  the  Franks,  65 

John,  '  Scotus  Erigena,'  172  note, 
207 

Johnson,  John,  158  note,  228,  245 
note ;  283,  300,  and  other  re- 
ferences in  notes,  Suppl.  381 

Josceline,  secretary  to  Archbishop 
Parker,  II 2,  1 13,  115,  122,  123, 
283,  Suppl.  389,  390  ^ 

Jouy,  Louis  Fran9ois,  his  work  on 
tithes  in  France,  68  note,  89 
note,  91  note,  224  note,  225 
note 

Justin,  Prince  of  Norway,  271 

Kanefield,  tithes  of,  357 


INDEX 


409 


Kemble,  Codex  Diplomaticus^  196 
note,  200,  205 ;  Saxons  in 
England,  76  note,  180,  201  note, 
206,  228,  290 

Kennett,  Bishop,  32,  114  note,  225, 
226,  299,  300,  308,  314,  and 
Appendix  J 

Kenwulf,  King  of  Mercia,  147  note, 

Kenwulf,  Kingof  Wessex,  151,  156 

Lambarde,  William,  197,  283,380 

Langtoft,  rhyming  Chronicler,  192 

Lappenberg,  Dr.  J.  M.,  his 
History^  121,  129,  130,  290, 
291,  292 

Lapse  of  private  patronage  to 
Bishops,  297 

Latin  translations  of  Anglo-Saxon 
laws,  271,  378-380 

Laws  of  Ina,  127,  197  note,  271  ; 
of  Wihtraed,  127,  128,  198;  of 
Alfred,  1 79-181,  271,  282,  287; 
of  Athelstan,  183-185,  271,  282; 
of  Edmund,  218,  271,  282;  of 
Edgar,  216-226,  281,  282,  286, 
289,  294,  295,  307  ;  of  Ethelred 
the  Unready,  271-287 ;  of  Canute, 
279,  282,  287-295,  299,  301,  305, 
307  ;  of  Edward  the  Confessor, 

-  300-306  ;  of  William  the  Con- 
queror, 304-306;  of  Henry  I., 
306,  307 

Lay  grants  of  tithes,  63-68,  307- 
316,  and  Appendices  H,  I,  J 

Legatine  Injunctions  of  Chalchyth 
(A.D.  785-787),  144,  145,  160-167 

Leicester,  Bishopric  of,  iii    171 

Leland,  John,  245  note 

Le  Mans,  early  grant  of  tithes  to 
nuns,  65  ;  Ordinance  of  Henry 
n.,  King  of  England,  194 

Leofric,  first  Bishop  of  Exeter,  235, 
241,  and  Appendix  F  ;  his  Rule 
for  Secular  Canons,  264-270,  and 
Appendix  G 

Lewes,  Abbey,  311 

Lichfield,  Bishopric  of,  iii  note, 
112,  147,  149,  151,  152 


Liege,  Bishopric,  in  Charlemagne's 

time,  43,  57,  58 
Light -scot,  180 
Lindisfarne  Monastery,  169,  170; 

Bishopric,  iii,  170 
Lindsey,  Bishopric  of,  iii,  171 
Lingard,  Dr.,  155,  177,  206,  228 
Livingus,     Bishop     of    Crediton, 

translated  to  Worcester,  241 
Lombard  Laws,  51,  72  note,  87 
London,   Bishopric   of,    108,    109, 

212 
Loortz,  43 

Lorraine,  37,  42,  235,  268 
Lothair  I.,  Emperor,  4,  8,  53,  87 
Louis  the   Pious,  Emperor,   7,  8, 

49,  53,  84-86,  112,  177,233,243 
Louis  n.,  Emperor,  54,  60,  64,  87 
Ludlow,  Judge,  temp.  Edward  HL, 

*  Luminaria,'  71 

Lupus,  Abbot  of  Ferrieres,  59,  61 

note 
Lupus,  author  of  discourse  to  the 

English  (A.D.  1014),  287,  375 
Luxemburg,  37 
Lyndewode's  Provinciale,  2.2.(i  note, 

311 

Mabillon,    Anahcta    Vetera,    65 

note 
Magdeburg    Centuries,    153,    154, 

.155,  156 
Malmesbury  Abbey,  124,  17 1,  200, 

251 

Malmesbury,  William  of,  141,  148 

note,    189,   195,   196,    i'99,    250 

note,  251,  268,  269 
Manorial  churches,  219,  220,  221, 

222,  223,  224,  225,  295-298 
Mansi,  Concilia,  38  note,  40  note, 

53  note,  229,  244,  245  note,  and 

frequent  references 
Marculfus,  his  Forms,  86  note,  314, 

and  Appendix  H 
Martene  and  Durand,  38,  53  note, 

233,  and  references  in  notes 

*  Matrices  ecclesioe,'   56,  61   note, 

1^,  303 


4IO 


INDEX 


'  Matricula,'  77 

'  Matricularii, '  77,  78 

Matthew  Paris,  142,  147  note 

Mayo,  Bishop  of(A.D.  785-787),  157 

Melrose  Chronicle,  141 

Metz,  Monastery  of  St.  Vincent,  37, 

38,  40,  43 
Milman,  H.  H.,  Dean  of  St.  Paul's, 

54  note,  55  note,  186 
Milton,  195 
Minsters,  56,  127,  220,  221,  222, 

223,  224 
'  Missi  Dominici,'  4 
Monastic    tithes,    64-68,    79,    80; 

exemptions,  64 
Monks,  before  Benedict,  102,  103  ; 

their  participation  in  alms  of  the 

Church,  79,  80 
Montreuil  Abbey,  67 
Mores,  E.  R.,  his  work  on  Aelfric, 

249 
Muratori,  53  note,  54  note 

Nasmith,  his  catalogue  of  manu- 
scripts in  Library  of  Corpus 
Christi  College,  Cambridge,  230 
note,  265,  and  other  references 

*  Ninths  and  Tenths,'  72 
Northumbria,    kingdom    of,    170, 

179,  393 
Northumbrian  schools,  106 
Noy,  Attorney-General  to  Charles 

I.,  225  note 

Odo,  Archbishop  of  Canterbury, 
154,  15s,  208,  209,  and  Appen- 
dix B,  Suppl.  398,  399 

*  Oeconomi '  of  churches,  55 
OfFa,  King  of  Mercia,  99,  138-143, 

146-148,  151,  156,  159,  170-181  ; 
Lives  of  two  Off  as,  141,  149 
Oratories,  private,  25,  56,  72,  81- 

84,  173 
Orleans  diocese,   customs   of,   36, 

37,  217,  300 
'  Orphanotrophia'  inEasternChurch, 

75 
Osgar,  Abbot  of  Abingdon,  211 
Osney  Abbey,  311,  Appendix  J 


Oswald,  St.,  Bishop  of  Worcester, 
79,  208,  209,  210,  213,  217,  249 

Oswald  the  younger,  monk  of 
Worcester,  210,  211  note,  234 

Otgar,  Archbishop  of  Mentz,  10 

Othelon,  biographer  of  St.  Boni- 
face, 76 

Otho  I.,  Emperor,  7,  8 

Otho  III.,  Emperor,  8 

Oxford  University,  complaints  of, 
under  Henry  V.,  226  note 

'  Pagenses  presbyteri,'  59 
Palatine  MSS.  in  Vatican  Library, 

38,  230 
Papacy,  i,  2,  8 
Paphnutius,  239,  256  note 
Paris  diocese,  custom  of,  30,  37,  217 
Parker,    Matthew,    Archbishop   of 

Canterbury,  112-114,1 22, 229, 283 
Parnynge,  Chief  Justice  Sir  Robert, 

310 

*  Parochia,'  its  different  senses,  56 

note,  62,  115,  117,  127,  129,  299 
'  Parochiae  rusticanse,'    in    France 

(a.d.  874),  86,  88,  89 
Parochial  system,  modern,  83-95, 

173,  219,  224,  295-298,  307-316 
'  Parochiales  ecclesiae, '  in  Portugal 

(A.D.  610),  34 
'  Parochitanae  ecclesise,'  in  Portugal 

(a.d.  666),  34  note 
Pastoral  Epistle  of  Aelfric,  252 
Patrick,  St.,  248 
Patrons  of  churches,  295-297 
Paul,  deacon  of  Aquileia,  5 
Paulinus,  first  Archbishop  of  York, 

109 
'Pauperes  Christi,'  75,  79,  80 

*  Peculium, '  its  ecclesiastical  sense, 

94»  95 

*  Penitentials '  of  Archbishop  Theo- 

dore, 106,  118,  119;  of  Bede, 
232  ;  of  Archbishop  Egbert,  136, 
229,  231,  232,  233,  236,  237, 
241  ;  in  Bodleian  Library,  229, 

235-241 
Pepin  I.  (or  Pippin),  King,  his  law 
of  A.D.  794,  40  note,  72  note,  269 


INDEX 


411 


Pershore,  Abbey,  181  note,  311 

Peterborough  Abbey,  124,  171 

Peterborough,  John,  Abbot  of,  7 
note,  141,  191 

Peter's-pence,  138,  150,  180,  218, 
221,  291,  292,  307 

Picardy,  37 

Pithou,  Codex  Canonum  Vetus,  65 
note,  66  note 

Pitseus,  211  note 

'  Plebes,'  public  churches,  56,60,  73 

Plough-alms,  180,  218 

Polydore  Vergil,  139 

Ponthieu,  234 

Poor,  their  interest  in  church 
revenues,  23,  24 ;  how  re- 
lieved, 74-80,  215,  216,  267 

Popes— Adrian  I.,  3,  5, 7, 9, 49, 144, 
146,  152,  168  ;  Alexander  III., 
67,  296 ;  Anastasius,  9 ;  Boni- 
face VIII.,  194;  Calixtus  II., 
68;  Eugenius  III.,  19;  For- 
mosus,  171 J  Gelasius,  27,  28, 
70,  81  ;  Gregory  I.,  26,  28,  69, 
70,  74,  103,  108,  214;  Gregory 
VIL,  7,  25,  66;  Gregory  IX., 
80 ;  Innocent  III.,  20,  68  note, 
79  note,  82,  93;  John  VIII., 
244;  John  IX.,  8;  Leo  I.,  2; 
Leo  III.,  151,  152;  Leo  IV., 
4,  7,  60,  82,  179  ;  Leo  VIII., 
7,  8;  Leo  IX.,  235  note,  and 
Appendix  F ;  Paschal  II.,  64, 
296;  Siricius,  9;  Stephen  IV., 
8;  Stephen  V.,  7;  Sylvester, 
10,  28  note,  244;  Urban  II., 
67,  309;  Urban  III.,  269; 
Zacharias,  134,  136,  168,  303 
note 

Portugal,  34 

Preaching  friars,  80,  364 

Price,  Richard,  279,  284 

Prideaux,  Humphrey,  Dean  of 
Norwich,  138,  186,  308,  313, 
316 

'  Priest's-shire,'  300 

'  Procurator  pauperum,'  76 

Prohibition,  writs  of,  as  to  tithes, 
310 


*  Ptochodochia,'  in  Eastern  Church, 

75 
Public  Churches,  56,  60,  72,  Ti>  75 

Quadripartite  division  of  church 
revenues,  27,  28,  29-32;  of 
offerings  at  shrine  of  Thomas  a 
Becket,  269 

Rabanus  Maurus,  Archbishop  of 

Mentz,  31,  62 
Ramsbury,  Bishopric  of,  171 
Ramsey  Abbey,  210 
Rap  in.  History  of  England,  186 
Reading  Monastery,  311 
Regino,  Abbot  of  Prum,  19,  83 
Regularis  Concordia^  213-216 
Repairs    of    churches,    71-74,    89 

note,  91,  219,  289 
Report    of    Papal    Legates  (a.d. 

785-787),  153-158,  Suppl.  400 
Repton  Bishopric,  41  note ;   mon- 
astery, 171 
Rheims  diocese,    custom    of,    30, 

11.  217 
Richter,  A.   L.,  notes  to   Roman 

Canon  Law,  67  note,  68  note 
Riculf,  Archbishop  of  Mentz,  13  ; 

Bishop  of  Soissons,  30,  32  note, 

74 
Robert,  King  of  Franks,  65 
Robert  I.,  Duke  of  Normandy,  304 
Robert   II.,   Duke  of  Normandy, 

302 
Rochester,     Bishopric     of,     109 ; 

Cathedral  chapter,  128,  198,  311 
Rodolph,  Archbishop  of  Bourges,87 
Romulus,   King   Edgar   compared 

to,  212 
'Rusticanae  parochise,'  86 

Sacerdotal  Laws  of  Egbertine 
compilations,  227,  232,  235,  236- 
240,  243,  245,  249,  259 
St.  Alban's  Abbey,  139,  150  note 
St.  Josse  Monastery,  in  Ponthieu, 

234 
St.    Leonard's   Monastery,    York- 
shire, 311 


412 


INDEX 


St.  Neot's  Monastery,  311 

Saladin  tithe,  194 

Salisbury,  endowment  of  a  Canonry 
with  tithes,  356 

Schmid,  Reinhold,  290,  292,  392 

Schools  of  learning,  Anglo-Saxon, 
124 

Scottish  Church,  ancient,  loi,  103 

Selden,  John,  41,  52,  59,  68  note, 
72  note,  79  note,  80  note,  112, 
114,  118,  140,  177,  178,  186,  187, 
192-195,  199,  202  note,  219,  222, 
223,  224,  228,  247,  248,  282,  295, 
308-314,  and  Appendix  J 

Selsey,  Bishopric  of,  112 

Sexti  Decretales,  64  note,  80  note 

Sherborne,  Bishopric  of,  iii,  125, 
250  ;  chapter  of,  250 

'Shrift-district,'  223,  224 

Sigebert  II.,  King  of  Franks,  3 

Sigebert  of  Gembloux,  7 

Sirmondi,  6  note,  7  note,  38,  40, 
50  note 

Soames,  History  of  Anglo-Saxon 
Church,  119 

Soissons  diocese,    custom  of,    30, 

37 
Somner,  William,  197 
Suol-scot;  221 

Southey,  Robert,  228  note,  360 
Spain,  3,  33,  69 
Spelman,  Sir  Henry,  115,  197,  228, 

241,  282,  299,  Suppl.  382 
Statuta  Synodortim,  MS.  formerly 

belonging    to    St.     Augustine's 

Abbey,  Canterbury,  247,  248 
Stow  s  Annals,  113,  122,  123,  213 

note,  277  note 
Stubbs,      Right      Rev.      William, 

Bishop  of  Chester,  208,  209,  and 

frequent  references 
Supplement  to  King  Edgar's  Laws, 

221,  380 
Surtees  Society,  229,  236 
Sweyn,  King  of  Denmark,  285 
Swithun,  St.,  Bishop  of  Winches- 
ter, 204,  206 
Symeon  of  Durham,  5  note,  141, 

151,  170,  171,  188 


Theobald,  Bishop  of  Langres,  60 

Theodore,  Archbishop  of  Canter- 
bury, 9,  106,  no,  III,  1 16-123, 
124-126,  173,  219,  234,  264, 
265,  294 

Theodoric,  or  Thierry,  King  of 
Austrasia,  42 

Theodulph,  Bishop  of  Orleans, 
231,  233,  234,  262,  300 

Theophylact,  Bishop  of  Todi,  146, 
152,  156 

Thomassinus,  De  Benefims,  47 
note,  72  note 

Thorpe,  Benjamin,  178,  201  note, 
222,  228,  241,  250  note,  and 
frequent  references,  Suppl.  392 

Tithes,  23,  24,  27,  30  note,  31  note, 
46-68,  Ti,,  76,  78,  80,  86,  87,  88, 
90,  91,  93,  95>  96,  106-108,  137, 
144,  179,  180,  183-185,  187-206, 
218,  220,  224-226,  267,  268,  277, 
279,  294,  297,  301,  307-316, 
and  Appendices  A,  B,  G,  H,  I,  J 

Titles  to  benefices,  94,  95 

Tripartite  division  of  church  re- 
venues and  tithes,  32-37,  91  note, 
loi,  102,  225-264,' 267,  268,  279- 
287,  289,  and  Appendices  A,  E 

Turner,  Sharon,  176  note,  206 

Turrianus,  Francis,  76  note 


Van  Espen,  20,  23  note,  26,  29, 

59,  64,  74,  75  note,  82  note,  91 

note,  93-95 
Vatican      MS.     (compared      with 

Egbertine  MS.  in  the  Bodleian), 

230,  and  Appendix  C 
Vedast,     St.,    monastery    of,    21 1 

note,  233 
Vicars,  224,  226  note 
'  Vici  publici,'  56 

Walafrid  Strabo,  31,  37  note, 

58,  59,  179 
Wallingford,  John  of,  141 
Walter,  Bishop  of  Orleans,  88 
Wanley,  230  note,  265,  and  other 

references,  Suppl.  392,  393 


INDEX 


413 


Wantage,  King  Ethelred's  Laws  of, 

271,  278,  383 
Wasserschleben,  106,  173,  229,  230 

note,  231,  232,  245  note 
Wearmouth  Monastery,  124,  170 
Wells,  Bishopric  of,  171 
Welsh  Church,  ancient,  100  note, 

loi,  102,  103,  158 
Wendover,  Roger  of,  141,  147  note, 

190,  199,  200 
Wenefrid,    Bishop    of   Worcester, 

207  note 
Westminster,  Matthew  of,  143,  147 

note,  189,  190,  199 
Wharton,  Anglia  Sacra,  249,  and 

references  in  notes 
Whelock,     Abraham,     116,    264, 

283,  380 
Whitby  Abbey,  171 
Wiferth,  thane  of  King  Ethelwulf, 

205 
Wigbod,  Abbot,  148  note,  156 
Wihtraed,  King  of  Kent,  126-128, 

198 
Wilkins,  David,  228,  241,  283,  383 
W^illiam  the  Conqueror,  301,  302- 

303 ;  Rufus,  302 


Winchester,  Bishopric  of,  no,  in, 

209-213  ;  Cathedral,  205 
'  Wite-raeden,'  197,  201 
Witnesses  as  to  tithes,  41,  51-54, 

240,  260 
Woodstock,  King  Ethelred's  Laws 

of,  271,  278 
Worcester,  Bishopric  of,  in,  209, 

212 ;  monastery,  181  note,  241  ; 

manuscripts   formerly  belonging 

to,  229-234,  241-245,  282-284 
Wulfred,  Archbishop,  his  canons, 

174-177;  219 
Wulfsin,  Bishop  of  Sherborne,  249, 

250 
Wulstan,  Bishop  of  Worcester  and 

Archbishop  of  York,  230,  233, 

251-254 

*Xenodochia,'  75,  "](>,  136 

York,     Archbishopric    of,     108 ; 
school  of  learning,  125,  171 

Zacharias,  Pope,  134,  136,  168, 

303  note 
Zonaras,  75  note 


ADDENDA  TO   INDEX 


Anglo-Saxon  books  in  Sir  Robert  Cotton's  Library,  list  of,  in  1632, 

Suppl.  397. 
Degge's  Parson's  Counsellor,  Suppl.  366-369. 
Clarke,  Rev.  H.  J.,  Suppl.  363. 
Nero  A.  i  (Cottonian  MS.  volume),  241-242,  282-284;  its  state  in  1580 

and  1613,  Suppl.  389-391;  its  present  state,  386,  387,  391-396; 

catalogue  prefixed  to,  396,  397. 
Smith,  Dr.  Thomas,  his  catalogue  of  the  Cottonian  Library  in  1698, 

Suppl.  389  note,  397. 
Tate,  Francis,  Suppl.  389-391,  392. 


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Rev.  J.  E.  C.  Welldon,  M.A.     Crown  Svo.    6s. 

MACMILLAN  AND  CO.,  LONDON. 


September,  1891. 

A     CLASSIFIED 

CATALOGUE  OF  BOOKS 

IN    GENERAL   LITERATURE 

PUBLISHED    BY 

MACMILLAN   AND   CO. 

BEDFORD   STREET,    COVENT   GARDEN,    LONDON,    W.C. 
J^or purely  Educational  l^orks  see  Macmillan  and  Co.'s  Educational  Catalogue. 


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{Sec  also  Botany  ;  Gardening.) 
^RANKLAND  (Prof.  P.  F.).— A  Handbook 
OF  Agricultural  Chemical  Analysis. 
Cr.  8vo.  7^.  6i/. 
TANNER  (Henry). — Elementary  Lessons 
IN  THE  Science  of  Agricultural  Prac- 
tice.    Fcp.  8vo.     3J.  bd. 

First    Principles    of    Agriculture. 

i8mo.     xs. 

The  Principles  of  Agriculture.     For 

Use  in  Elementary  Schools.  Ext.  fcp.  Bvo. — 
The  Alphabet  of  the  Principles  of 
Agriculture,  bd.  —  Further  Steps  in 
the  Principles  of  Agriculture.  \s. — 
Elementary  School  Readings  on  the 
Principles  of  Agriculture  for  the 
Third  Stage,     is. 

The  Abbot's  Farm  ;  or,  Practice  with 

Science.    Cr.  8vo.    y.  6d. 

ANATOMY,  Human.     [See  Physiology.  ) 

ANTHROPOLOGY. 

-BROWN  (J.  Allen).— Paleolithic  Man  in 

North-West  Middlesex.     8vo.     7^.  6d. 
■J)AWKINS  (Prof.  W.  Boyd).— Early  Man 
IN  Britain  and  his  Place  in  the  Ter- 
tiary Period.    Med.  8vo.    25^. 

DAWSON  (James).  —  Australian  Abori- 
gines.    Small  4to.     14^. 

iFINCK  (Henry  T.). — Romantic  Love  and 
Personal  Beauty.     2  vols.     Cr.  8vo.     i8j. 

-FISON  (L.)and  HOWITT  (A.  W.).— Kami- 
LAROi  AND  KuRNAi  Group.  Group-Mar- 
riage  and  Relationship,  and  Marriage  by 
Elopement.    Svo.     15^. 

jFRAZER(J.  G.).— The  Golden  Bough:  A 
Study  in  Comparative  Religion.  2  vols. 
Svo.     28J. 

-GALTON  (Francis).— English  Men  of  Sci- 
ence :  their  Nature  and  Nurture. 
Svo.     Zs.  6d. 

Inquiries  into  Human  Faculty  and 

ITS  Development.     Svo.     x6s. 

Record  of  Family  Faculties.  Con- 
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Entering  Data.     4to.     ■zs.  6d. 

Life-History  Album  :  Being  a  Personal 

Note-book,  combining  Diary,  Photograph 
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of  Wool  for  Testing  Colour  Vision,     ^s.  6d. 

Natural  Inheritance.     Svo.     gs. 


M'LENNAN  (J.  F.).— The  Patriarchal 
Theory.  Edited  and  completed  by  Donald 
M'Lennan,  M.A.     Svo.     14.?. 

Studies  in  Ancient  History.  Com- 
prising "  Primitive  Marriage. "     Svo.     16s. 

MONTELIUS— WOODS.  —The  Civilisa- 
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By  Prof.  Oscar  Montelius.  Translated 
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TURNER  (Rev.  Geo.).— Samoa,  a  Hundred 
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TYLOR  (E.  B.).  — Anthropology.  With 
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WESTERMARCK  (Dr.  Edward).— The  His- 
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WILSON  (Sir  Daniel). — Prehistoric  Annals 
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Prehistoric  Man  :  Researches  into  the 

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The  Right  Hand  :  Left  Handedness. 

Cr.  Svo.    ^s.  6d. 

ANTIQUITIES. 

{See  also  Anthropology.) 
ATKINSON  (Rev.  J.  C.).— Forty  Years  in 
A  Moorland  Parish.    Ext.  cr.  Svo.    Zs.  6d. 
net. — Illustrated  Edition.     12$.  net. 
BURN    (Robert).- Roman   Literature    in 
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tions.    Ext.  cr.  Svo.     14J. 
DILETTANTI     SOCIETY'S      PUBLICA- 
TIONS. 
Antiquities  of  Ionia.  Vols.  I. — III.  2I.2S. 
each,  or  5/.  55-.  the  set,  net. — Vol.  IV.  Folio, 
half  morocco,  3/.  13J.  dd.  net. 
An  Investigation  of  the  Principles  of 
Athenian    .Architecture.      By  F.  C. 
Penrose.    Illustrated.    Folio.    7A  -js.  net. 
Specimens  OF  Ancient  Sculpture  :  Egyp- 
tian, EtRuscAN,  Greek,  and  Roman. 
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DYER  (Louis).— Studies  of  the  Gods  in 
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cently Excavated.  Ext.  cr.  Svo.  8.y.6rf.net. 
GARDNER    (Percy).— Samos   and   Samian 
Coins  :  An  Essay.     Svo.     7J.  dd. 

GOW(J.,  Litt.D.).— A  Companion  to  School 
Classics.    Illustrated.   3rd  Ed.   Cr.  Svo.   bs. 

HARRISON  (Miss  Jane)  and  VERRALL 
(Mrs.). — Mythology  and  Monu.ments  of 
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I 


ANTIQUITIES— ASTRONOMY 


AKTlQJJITlES—contmtied. 
LANCIANI  (Prof.  R.)-— Ancient  Rome  in 

THE  Light  of  Recent  Discoveries.  410. 24s. 
MAHAFFY    (Prof.    J.    P.).— A    Primer    of 

Greek  Antiquities.     i8mo.     i*. 

Social  Life  in  Greece  from  Homer 

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Rambles  and  Studies  in  Greece.  Il- 
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{See  also  History,  p.  11.) 

NEWTON  (Sir  C.  T.).— Essays  on  Art  and 
Archaeology.     8vo.     i2j.  6d. 

SHUCHHARDT(Carl).--DR.ScHLiEMANN's 
Excavations  at  Troy,  Tiryns,  Mycenae, 
Orchomenos,  Ithaca,  in  the  Light  of 
Recent  Knowledge.  Trans,  by  Eugenie 
Sellers.  Preface  by  Walter  Leaf,  Litt.D. 
Illustrated.     Bvo.     i8j.  net. 

STRANG  FORD.  {See  Voyages  and 
Travels.) 

WALDSTEIN  (C.). —Catalogue' of  Casts 
IN  THE  Museum  of  Classical  Archeo- 
logy, Cambridge.  Crown  8vo.  is.6d. — 
Large  Paper  Edition.     Small  410.     5s. 

WHITE  (Gilbert).    (See  Natural  History.) 

WILKINS(Prof.  A.  S.).— A  Primer  of  Ro- 
man Antiquities.     i8mo.     is. 

ARCHiEOLOGY.    (See  Antiquities.) 

ARCHITECTURE. 

FREEMAN  (Prof.  E.  A.).— History  of  the 
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3J.  6d. 

Historical      and      Architectural 

Sketches,   chiefly  Italian.     Illustrated 
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HULL  (E.).— A  Treatise  on  Ornamental 
AND  Building  Stones  of  Great  Britain 
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MOORE  (Prof.  C.  H.).— The  Development 
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ture.    Illustrated.     Med.  8vo.     zZs. 

PENROSE  (F.  C).    {See  Antiquities.) 

STEVENSON  (J.  J.).— House  Architec- 
ture. With  Illustrations.  2  vols.  Roy. 
8vo.  185.  each.— Vol.  I.  Architecture; 
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ART. 

{See  also  Music) 
ART    AT    HOME    SERIES.     Edited    by 
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ATKINSON  (J.   B.).— An    Art   Tour   to 
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COLLIER  (Hon.  John).— A  Primer  of  Art. 
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CRANE  (Lucy). — Lectures  on  Art  and- 
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DELAMOTTE  (Prof.  P.  H.).— A  Beginner's- 
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HAMERTON  (P.  G.).— Thoughts  about 
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Etching  and  Etchers.  3rd  Edit.,  re- 
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Cr.  8vo.     3^.  6d. 
LECTURES  ON  ART.     By  Regd.  Stuart- 

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PovNTER,   R.A.,   J.   T.    Micklethwaite,. 

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PALGRAVE  (Prof.  F.  T.).— Essays  on  Art. 

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PATER  (W.).— The  Renaissance:  Studies- 

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PROPERT  (J.    Lumsden).— A  History  of" 

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TURNER'S     LIBER    STUDIORUM :     A 

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Sketching  Club.  5th  Edit.  Cr.  Bvo.  7,y.  6d. 
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AIRY  (Sir  G.  B.).— Popular  Astronomy.. 
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BLAKE  (J.  F.).— Astronomical  Myths. 
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CHEYNE  (C.  H.  H.).— An  Elementary 
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CLARK  (L.)  and  SADLER  (H.X— The  Star: 
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CROSSLEY  (E.),  GLEDHILL  (J.),  and 
WILSON  (J.  M.).— A  Handbook  of  Dou- 
ble Stars.     Bvo.     21s. 

Corrections   to  the    Handbook    of 

Double  Stars.    8vo.    w. 


ATLASES— BIOGRAPHY. 


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GODFRAY  (Hugh).— An  Elementary 
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LOCKYER(J.  Norman,  F.R.S.).— A  Primer 
of  Astronomy.     Illustrated.     iSmo.     i.y. 

Elementary  Lessons  in  Astronomy. 

Illustr.     New  Edition.     Fcp.  Svo.     5s.  6d. 

Questions  on  the  same.    By  J.  Forbes 

Robertson.     Fcp.  Svo.     u.  bd. 

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MILLER  (R.  Kalley).— The  Romance  of 
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NEWCOMB  (Prof.  Simon).— Popular  As- 
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PENROSE  (Francis).— On  a  Method  of 
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Occultations  of  Stars  by  the  Moon  and 
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RADCLIFFE  (Charles  B.).— Behind  the 
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ROSCOE— SCHUSTER.    {See  Chemistry.) 

ATLASES. 

{See  also  Geography). 
BARTHOLOMEW   (J.    G.).— Elementary 

School  Atlas.     4to.     is. 

Physical  AND  Political  School  Atlas. 

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LABBERTON  (R.  H.).— New  Historical 
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BIBLE.    {See  under  Theology,  p.  30.) 

BIBLIOGRAPHY. 

a  bibliographical  catalogue  of 
macmillan  and  co.'s  publica- 
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MAYOR  (Prof.  John  E.  B.).— A  Bibliogra- 
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RYLAND  (F.). — Chronological  Outlines 
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BIOGRAPHY. 

{See  also  History.) 
For  other  subjects  ^Biography,  see  English 
Men    of    Letters,   English    Men   of 
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AGASSIZ  (Louis):  His  Life  and  Corres- 
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ARTEVELDE.      James    and    Philip    van 

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BERLIOZ  (Hector):  Autobiography  of. 
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BOLEYN  (Anne) :  A  Chapter  of  English 
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DANTE :  and  other  Essays.  By  Dean 
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BIOGRAPHY— c^«/m«^^. 

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EPICTETUS.  {See  Select  Biography,  p.  5.) 

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FITZGERALD  (Edward).  (6"^^  Literature, 
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LAMB.  The  Life  of  Charles  Lamb.  By 
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LOUIS  (St.).    {See  Select  Biography,  p.  5- 


BIOGRAPHY— BIOLOGY. 


MACMILLAN  (D.).      Memoir  of   Daniel 

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NORTH  (M.).— Recollections  of  a  Happy 

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ROSSETTI  (Dante  Gabriel)  :  A  Record  and 

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RUM  FORD,  (vS^^^  Collected  Works,  p.  22.) 
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SMETHAM  (Jas.).  :  The  Correspondence 

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BIOLOGY. 

(See  also  Botany  ;  Natural  History  ; 
Physiology;  Zoology.) 
BALFOUR       (F.      M.).  —  Elasmobranch 
Fishes.     With  Plates.     Bvo.     21s. 

Comparative  Embryology.  Illustrated. 

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BIOLOGY— BOTANY. 


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EIMER  (G.  H.  T.).— Organic  Evolution 
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FISKE  (John). — Outlines  of  Cosmic  Philo- 
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HUXLEY  (T.  H.)  and  MARTIN  (H.  N.).— 
{See  under  Zoology,  p.  40. ) 

KLEIN  (Dr.  E.). — Micro-Organisms  and 
Disease.  An  Introduction  into  the  Study 
of  Specific  Micro-Organisms.  With  121  En- 
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LANKESTER  (Prof.  E.  Ray).— Compara- 
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LUBBOCK  (Sir  John,  Bart.).  — Scientific 
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PARKER  (T.  Jeffery).— Lessons  in  Ele- 
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ROMANES  (G.  J.).— Scientific  Evidences 
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WALLACE  (Alfred  R.).— Darwinism  :  An 
Exposition  of  the  Theory  of  Natural  Selec- 
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trated.    3rd  Edit.     Cr.  Svo.     gs. 

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BIRDS.    (See  Zoology;  Ornithology.) 

BOOK-KEEPING. 

THORNTON  (J.).— First  Lessons  in  Book- 
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(See  also  Agriculture;   Gardening.) 

ALLEN   (Grant).  —  On    the   Colours    of 

Flowers.    Illustrated.    Cr.  Svo.    ^s.  6d, 


BALFOUR  (Prof.  J.  B.)  and  WARD  (Prof. 
H.  M.).  —  A  General  Text-Book  of 
Botany.     Svc.  [In  preparation. 

BETTANY  (G.  T.).— First  Lessons  in  Prac- 
tical Botany.     iSmo.     i^. 

BOWER  (Prof.  F.  O.).— A  Course  of  Prac- 
tical Instruction  in  Botany.  Cr.  Svo. 
loj.  6d. — Abridged  Edition.  [In  preparation. 

CHURCH  (Prof.  A.  H.)and  SCOTT  (D.  H.). 

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Illustrated.     Crown  Svo.       \_In preparation. 

GOODALE  (Prof.  G.  L.).— Physiological 
Botany. — i.  Outlines  of  the  Histology 
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Physiology.     Svo.     loi'.  6d. 

GRAY  (Prof.  Asa). — Structural  Botany; 
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phology.   Svo.     \os.  6d. 

The  Scientific  Papers  of  Asa  Gray. 

Selected  by  C.  S.  Sargent.  2  vols.  Svo.  2xs. 

HANBURY  (Daniel).  —  Science  Papers, 
CHIEFLY  Pharmacological  and  Botani- 
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HARTIG  (Dr.  Robert).— Text-Book  of  the 
Diseases  of  Trees.  Transl.  by  Prof.  Wm. 
Somerville,  B.Sc.  With  Introduction  by 
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HOOKER  (Sir  Joseph  D.).— The  Student's 
Flora  of  the  British  Islands.  3rd 
Edit.     Globe  Svo.     \os.  6d. 

A  Primer  of  Botany.     iSmo.    is. 

LASLETT  (Thomas).— Timber  and  Timber 
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LUBBOCK  (Sir  John,  Bart.).— On  British 
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OLIVER  (Prof.  Daniel).— Lessons  in  Ele- 
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First  Book  of  Indian  Botany.-  Illus- 
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ORCHIDS :  Being  the  Report  on  the 
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PETTIGREW  (J.  Bell).— The  Physiology 
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SMITH  (J.).— Economic  Plants,  Diction- 
ary of  Popular  Names  of  ;  Their  His- 
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SMITH  (W.  G.).— Disea.ses  of  Field  and 
Garden  Crops,  chiefly  such  as  are 
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STEWART  (S.  A.)  and  CORRY  (T.  H.).— 
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WARD  (Prof.  H.  M.).— Timber  and  some  of 
ITS  Diseases.     Illustrated.     Cr.  Svo.     6s. 

YONGE(C.  M.).— The  Herb  of  the  Field. 
New  Ekiition,  revised.    Cr.  Svo.     SJ. 


CHEMISTRY— DICTIONARIES. 


BREWING  AND  WINE. 

PASTEUR  —  FAULKNER.  —  Studies  on 
Fermentation  :  The  Diseases  of  Beer, 
THEIR  Causes,  and  the  means  of  pre- 
venting THEM.  By  L.  Pasteur.  Trans- 
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CHEMISTRY. 

{See  also  Metallurgy.) 
IBRODIE(SirBenjamin).— Ideal  Chemistry. 

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'COOKE  (Prof.  J.   P.,  jun.).— Elements  of 
Chemical  Physics.     4th  Edit.     8vo.     ■zis. 

Principles  of  Chemical  Philosophy. 

New  Edition.     8vo.     i6j. 

.TLEISCHER  (Emil).— A  System  of  Volu- 
jiETRic  Analysis.  Transl.  with  Additions, 
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FRANKLAND  (Prof.   P.    P.).     {See   Agri- 
culture.) 
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The  Chemistry  of  the  Secondary  Bat- 
teries ok  Plant6  and  Faure.  Cr.Svo.  2s.6d. 

HARTLEY  (Prof.  W.  N.).— A  Course  of 
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i:HOFMANN(Prof.  A.  W.).— The  Life  Work 
OF  Liebig  in  Experimental  and  Philo- 
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JONES  (Francis). — The  Owens  College 
Junior  Course  of  Practical  Chemistry. 
Illustrated.     Fcp.  8vo.     ns.  6d. 

-^ —  Questions  ON  Chemistry.  Fcp.Svo.  3^. 

-LANDAUER  (J.).  —  Blowpipe  Analysis. 
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ILOCKYER  (J.  Norman,  F.R.S.).  —  The 
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XUPTON  (S.).  —  Chemical  Arithmetic. 
With  1200  Problems.     Fcp.  8vo.     4^.  6d. 

MANSFIELD  (C.  B.).— A  Theory  of  Salts. 
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MIXTER  (Prof.  W.  G.).— An  Elementary 
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:MUIR  (M.  M.  p.).— Practical  Chemistry 
for  MEDiCALSTUDENTs(FirstM.B.  Course). 
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.MUIR(M.  M.  P.)  and  WILSON  (D.  M.).— 
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•OSTWALD  (Prof.).— Outlines  of  General 
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ROSCOE  (Sir  Henry  E.,  F.R.S.).— A  Primer 
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CHRISTIAN  CHURCH,  History  of  the. 

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DEVOTIONAL  BOOKS. 

(.S"^^  MWfl'gr  Theology,  p.  32.) 

DICTIONARIES  AND  GLOSSARIES. 

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BARTLETT  (J.).— Familiar  Quotations. 

A  Shakespeare  Glossary. 

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HOLE  (Rev.  C.).— A  Brief  Biographical 
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MASSON  (Gustave).— A  Compendious  Dic- 
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PALGRAVE  (R.  H.  I.).— A  Dictionary  of 
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18S7,  to  Dec.  30th,  1890.     By  J.  H.  Fyfe. 

JAMES  (Right  Hon.  Sir  William  Milbourne). 
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JEBB  (Prof.  R.  C.).— Modern  Greece.  Two 
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KEARY  (Annie).— The  Nations   Around. 

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KINGSLEY  (Charles).— The    Roman    and 

the  Teuton.     Cr.  Svo.     yi.  6d. 

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LABBERTON  (R.  H.).     {See  Atlases.) 

LEGGE  (Alfred  O.).— The  Growth  of  the 
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LETHBRIDGE(Sir  Roper).— A  Short  Man- 
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of  India.    Cr.  Svo,  sewed,     is.  6d. 

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LYTE(H.  C.  Maxwell).— a  History  of  Eton 
College,  1440 — 1S84.   Illustrated.  Svo.  21s. 

A    History    of    the    University    of 

Oxford,  from  the  Earliest  Times  to 
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HISTORY— HYGIENE. 


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Greek  Life  and  Thought,  from  the 

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MARRIOTT  (J.  A.  R.).  {See  Select  Bio- 
graphy, p.  5.) 

:MICHELET(M.).— A  Summary  of  Modern 
History.  Translated  by  M.  C.  M.  Simp- 
son.    Globe  Svo.     4^.  6d. 

:MULLINGER(J.B.).— CambridgeCharac- 

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NORGATE  (Kate).— England  under  the 
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rola, AND  their  City.  lUustr.  Cr.  Svo. 
los.  6d. — Edition  de  Luxe.     Svo.    2ii-.  net. 

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Jerusalem.     Illustrated.     Svo.     21s. 

'OTTE  (E.  C.).— Scandinavian  History. 
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PALGRAVE  (Sir  Francis).  —  History  of 
Normandy  and  of  England.  4  vols. 
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PARKMAN  (Francis).  —  Montcalm  and 
Wolfe.  Library  Edition.  Illustrated  with 
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The  Collected    Works   of    Francis 

Parkman.  Popular  Edition.  In  10  vols. 
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Essays.     Svo.     10s.  6d. 
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<Cr.  Svo.     6,y.  each. 


SHUCKBURGH  (E.  S.).— A  School  His- 
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STEPHEN  (Sir  J.  Fitzjames,  Bart.).— The 
Story  of  Nuncomar  and  the  Impeach- 
ment OF  Sir  Elijah  Impey.  2  vols.  Cr. 
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History,  based  on  Green's  "  Short  His- 
tory OF  the  English  People."  Cr.  Svo. 
4^.  6d. 

TOUT  (T.  F.).— Analysis  of  English  His- 
tory.   iSmo.    xs. 

TREVELYAN  (Sir  Geo.  Otto).— Cawn pore. 
Cr.  Svo.     6s. 

WHEELER  (J.  Talboys).— Primer  of  In- 
dian History,  Asiatic  and  European. 
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College   History  of   India,  Asiatic 

and  European.     Cr.  Svo.    3^. ;  swd.  ■zs.6d.  ' 

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India  under  British  Rule.  Svo.  i2s.6d. 

WOOD  (Rev.  E.  G.).— The  Regal  Power 
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YONGE  (Charlotte).— Cameos  from  English 
History.  Ext.  fcp.  Svo.  5J.  each. — Vol.  i. 
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HORTICULTURE.    (See  Gardening.) 

HYGIENE. 

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Parkes,  M.D.     Svo.     i6s. 

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KINGSLEY  (Charles).— Sanitary  and  So- 
cial Lectures.     Cr.  Svo.     3J.  6d. 

Health  and  Education.    Cr.  Svo.    6s. 

REYNOLDS  (Prof.  Osborne).— Sewer  Gas, 

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(See  under  Theology,  p.  33,) 


12 


ILLUSTRATED  BOOKS— LAW. 


ILLUSTRATED  BOOKS. 

BALCH  (Elizabeth).  —  Glimpses  of  Old 
English  Homes.    G1.  4to.    14J. 

BLAKE.    {See  Biography.) 

BOUGHTON  (G.  H.)  and  ABBEY  (E.  A.). 
{See  Voyages  and  Travels.) 

CHRISTMAS  CAROL  (A).  Printed  in 
Colours,  with  Illuminated  Borders  from  MSS. 
of  the  14th  and  I sth  Centuries.    4to.     2i.y. 

CRANE  (Walter).— The  Sirens  Three.  A 
Poem.     Roy.  8vo.     10s.  6d. 

DAYS  WITH  SIR  ROGER  DE  COVER- 
LEY.  From  the  Spectator.  Illustrated  by 
Hugh  Thomson.     Fcp.  410.    6s. 

DELL  (E.  C). — Pictures  from  Shelley. 
Engraved  by  J.  D.  Cooper.    Folio.  215.  net. 

ENGLISH  ILLUSTRATED  MAGAZINE, 
THE.    (^-^^  Periodicals.) 

Proof  Impressions  of  Engravings  originally 

published  in  The  English  Illustrated  Maga- 
zine.    1884.     In  Portfolio  4to.     ixs. 

GASKELL  (Mrs.).— Cranford.  Illustrated 
by  Hugh  Thomson.     Cr.  8vo.     6j. 

GOLDSMITH  (Oliver).  —  The  Vicar  of 
Wakefield.  New  Edition,  with  182  Illus- 
trations by  Hugh  Thomson.  Preface  by 
Austin  Dobson.  Cr.  8vo.  6j. — Also  with 
Uncut  Edges,  paper  label,    ds. 

GREEN  (John  Richard).  —  Illustrated 
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English  People.  In  Parts.  Super  roy. 
8vo.     IS.  each  net.     Part  I.  Oct.  1891. 

GRIMM.    {See  Books  for  the  Young.) 

HALLWARD  (R.  F.).— Flowers  of  Para- 
dise. Music,  Verse,  Design,  Illustration,  bs 

IRVING  (Washington). — Old  Christmas. 
From  the  Sketch  Book.  Illustr.  by  Randolph 
Caldecott.  Gilt  edges.  Cr.  8vo.  6.y. — Also 
with  uncut  edges,  paper  label.     &s. 

Bracebridge  Hall.  Illustr.  by  Ran- 
dolph Caldecott.  Gilt  edges.  Cr.  8vo. 
6^. — Also  with  uncut  edges,  paper  label.     65. 

Old     Christmas    and     Bracebridgb 

Hall.     Edition  de  Luxe.     Roy.  Bvo.     i\s. 

KINGSLEY  (Charles).— The  Water  Babies. 

{See  Books  for  the  Young.) 
The  Heroes.  {See  Books  for  the  Young.) 

Glaucus.    (.S"***  Natural  History.) 

Song  of  the  River.     31J.  td. 

LANG  (Andrew).— The    Library.     With  a 

Chapter  on  Modern  Illustrated  Books,  by 
Austin  Dobson.    Cr.  8vo.    35.  dd. 

LYTE  iH.  C.  Maxwell).     {See  History.) 

MAHAFFY  (Rev.  Prof.  J.  P.)  and  ROGERS 
(J.  E.).    {See  Voyages  and  Travels.) 

MEREDITH  (L.  A.). -Bush  Friends  in 
Tasmania.  Native  Flowers,  Fruits,  and 
Insects,  with  Prose  and  Verse  Descriptions. 
Folio,     52J.  6rf.  net. 

OLD  SONGS.  With  Drawings  by  E.  A. 
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PROPERT  (J.  L.).    {See  Art.) 

STUART,  RELICS  OF  THE  ROYAL 
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Colours  drawn  from  Relics  of  the  Stuarts  by 
William  Gibb.  With  an  Introduction  by 
John  Skelton,  C.B.,  LL.D.,  and  Descrip- 
tive Notes  by  W.  St.  John  Hope.  Folio, 
half  morocco,  gilt  edges.    7/.  7^.  net. 


TENNYSON  (Hon.  Hallam).— Jack  and. 
THE  Bean-Stalk.  English  Hexameters. 
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TRISTRAM  (W.  O.).— Coaching  Days  and=. 
Coaching  Ways.  Illustrated  by  Her- 
bert Railton  and  Hugh  Thomson.  Ext. 
cr.  4to.     31J.  dd. 

TURNER'S  LIBER  STUDIORUM :  A. 
Description  and  a  Catalogue.  By  W.  G.. 
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WALTON  and  COTTON— LOWELL.— The. 
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LANGUAGE.    {See  Philology.) 

LAW. 

ANGLO-SAXON  LAW  :  Essays  on.  Med.. 
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BERNARD  (M.).— Four  Lectures  on  Sub- 
jects connected  with  Diplomacy.  Bvo.  9^.. 

BIGELOW  (M.  M.).— History  of  Proce-^ 
DURE  IN  England  from  the  Norman: 
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BOUTMY  (E.).  —  Studies  in  Constitu- 
tional Law.  Transl.  by  Mrs.  Dicey.  Pre- 
face by  Prof.  A.  V.  Dicey.    Cr.  Bvo.    6j. 

The   English  Constitution.     TransL 

by   Mrs.    Eaden.     Introduction  by  Sir   F.. 
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CHERRY  (R.  R.).  —  Lectures  on  the. 
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DICEY  (Prof.  A.  V.).— Lectures  Introduc- 
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Er«5LISH  CITIZEN  SERIES,  THE.. 
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lations OF  Russia  and  Turkey,  froma 
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HOLMES  (O.  W.,  jun.).  — Tmb  Common- 
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LIGHTWOOD  (J.  M.).— The   Nature  of 

Positive  Law.    Bvo.     i2j.  td. 
MAITLAND(F.  W.).— Pleas  of  the  Crown: 

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Bvo.    7J.  dd. 

Justice  and  Police.    Cr.  Bvo.    55.  6</. 

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Law.     Cr.  Bvo.     ts. 
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RICHEY(AIex.G.),— The  Irish  Land  Laws- 
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SELBORNE  (Earl  of),— Judicial  Proce- 
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LAW— LITERATURE. 


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gest of  the  Law  of  Evidence.  Cr.  8vo.  6^. 

A    Digest    of    the    Cki.minal    Law  : 

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LL.M.     8vo.     12^.  (yd. 

A  History  of  the  Criminal  Law  of 

England.     3  vols.    8vo.    48^'. 

A  General  View    of  the   Criminal 

Law  of  England.     2nd  Edit.     8vo.     14.?. 

-STEPHEN  (J.  K.).— International  Law 
AND  International  Relations.  Cr. 
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WILLIAMS  (S.  E.).— Forensic  Facts  and 
Fallacies.     Globe  8vo.     4.T.  6d. 

'XETTERS.     {See  under  Literature,  p.  19.) 

LIFE-BOAT. 

•GILMORE  (Rev.  John).— Storm  Warriors  ; 
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Cr.  8vo.     s-y.  6rf. 

XEWIS  (Richard). — History  of  thb  Life- 
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LIGHT.     {See  under  Physics,  p.  27.) 

LITERATURE. 

.Jiistory  and  Criticism  of^  Commentaries, 
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lections and  Selections— Prose  Fiction — Col- 
lected IVorks,  Essays,  Lectures,  Letters, 
Miscellaneous  Works. 

History  and  Criticism  of. 

{See  also  Essays,  p.  19.) 
ARNOLD  (M.).    {See  Essays,  p.  19.) 
BROOKE  (Stopford  A.).— A  Primer  of  Eng- 
lish   Literature.       i8mo.       u.  —  Large 

Paper  Edition.     8vo.     7^.  6d. 
A  History  of  Early  English  Litera- 
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Demosthenes.     By  Prof.  Butcher,  M.A. 

Euripides.     By  Prof.  Mahaffy. 

LivY.     By  the  Rev.  W.  W.  Cafes,  M.A. 

Milton.     By  Stopford  A.  Brooke. 

Sophocles.     By  Prof.  L.  Campbell,  M.A. 

Tacitus.  ByMessrs.CnuRCHand  Brodribb. 

Vergil.     By  Prof.  Nettleship,  M.A. 
^ENGLISH    MEN    OF    LETTERS.      {See 

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In  4  vols.     Cr.  8vo. 

Early  English   Literature.     By  Stop- 
ford  Brooke,  M.A.        [In  preparation. 

Elizabethan     Literature    (1560 — 1665). 
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Eighteenth  Century  Literature  (1660 
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JEBB  (Prof.  R.  C.).— A  Primer  of  Greek 

Literature.    i8mo.    xs. 

The  Attic  Orators,  from  Antiphon 

TO  ISAEOS.      2  vols      8vO.      25J. 

JOHNSON'S  LIVES  OF  THE  POETS. 
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AND  Gray.  With  Macaulay's  "Life  of 
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KINGSLEY  (Charles).  —  Literary  and 
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MAHAFFY  (Prof.  J.  P.).— A  History  of 
Classical  Greek  Literature.  2  vols. 
Cr.  8vo. — Vol.  I.  The  Poets.  With  as 
Appendix  on  Homer  by  Prof.  Sayce.  In  2 
Parts. — Vol.  2.  The  Prose  Writers.  In  2 
Parts.     4J.  6rf.  each. 

MORLEY  (John).  {See  Collected  Works, 
p.  22.) 

NICHOL(Prof.  J.)  and  McCORMICK  (Prof. 
(W.  S.). — A  Short  History  of  English 
Literature.    Globe  8vo.    \_In preparation. 

OLIPHANT  (Mrs.  M.  O.  W.).— The  Lite- 
rary History  of  England  in  the  End 
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Century.     3  vols.     8vo.     21J. 

RYLAND  (F.).— Chronological  Outlines 
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WARD  (Prof.  A.  W.).— A  History  of  Eng-" 
LisH  Dramatic  Literature,  to  the 
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WILKINS(Prof.  A.  S.).— A  Primer  of  Ro- 
MAN  Literature.    i8mo.    is. 

Commentaries,  etc. 

BROWNING. 

A  Primer  of  Browning.  By  Mary  Wilson. 
DANTE. 

Readings  on  the  Purgatorioof  Dante, 
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Vernon,  M.A.  With  an  Introduction  by 
Dean  Church.  2  vols.  Cr.  Svo.  24J. 
HOMER. 

Homeric  Dictionary.  {See  Dictionaries.) 

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KALL,  Litt.D.     Svo.     Zs.6d. 
SHAKESPEARE. 

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den.   iSmo.     is, 

A  Shakespearian  Grammar.  By  Rev. 
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Fcp.  Svo.     2S.  6d. 

A  Second  Poetry  Book.    2  Parts.    Fcp. 

Svo.     2.?.  6d.  each. 

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WORDS  FROM  THE  POETS.  With  a  Vig- 
nette and  Frontispiece.  1 2th  Edit.   i8mo.  is. 


PROSE  FICTION. 


»7 


Prose  Fiction. 

BIKELAS  (D.).— LouKis  Laras  ;  or,  The 
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Yolande.     Cr.  Svo.     6s. 

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Nevermore.     3  vols.     Cr.  Svo.     31J.  6d. 

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Dr.  Claudius. 
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A  Tale  of  a  Lonely  Parish. 
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Paul  Patoff. 
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i8 


LITERATURE. 


LITERATURE. 
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•'  H0(;AN,  M.P."  (The  Author  of).— Hogan, 
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8V0.       2S. 

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HUGHES  (Thomas).— Tom  Brown's  School 
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Roderick  Hudson.    Cr.  Svo.    6s. ;  Gl. 

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Daisy  Miller,  a  Study;  Four  Meet- 
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2  vols. 

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NORRIS  (W.  E.).— My  Friend  Jim.     Globe 

Svo.       2S. 

Chris.    Globe  Svo.    2*. 


PROSE  FICTION— COLLECTED  WORKS. 


19 


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PALMER  (Lady  Sophia). — Mrs.  Penicott's 
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Cr. 


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Sea 


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RUSSELL   (W. 

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TON,     Cr.  Svo.     3.y.  6d. 
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YONGE  (Charlotte  M.).— Uniform  Edition. 

Cr.  Svo.     3^.  6d.  each. 

The  Heir  of  Redclyffe. 

Heartsease. 

Hopes  and  Fears. 

Dynevor  Terrace. 

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Chain. 

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Pillars  of  the  House,    Vol.  II. 

The  Young  Stepmother. 

Clever  Woman  of  the  Family. 

The  Three  Brides. 

My  Young  Alcides. 

The  Caged  Lion. 


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Beechcroft  at  Rockstone, 
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Years  Two  Centuries  Ago. 
The  Little  Duke,Richard  the  Fearless. 
The  Lances  of  Lynwood. 
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P's  AND  Q's  :  Little  Lucy's  Wonderful 

Globe. 

That  Stick,     2  vols.     Cr.  Svo.     12^'. 

Collected  Works ;  Essays ;  Lectures ; 
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ARNOLD  (Matthew).— Essays  in  Criticism. 
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BACON.     With  Introduction  and  Notes,   by 

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(See  also  Golden  Treasury  Series,  p.  20.) 

BLACKIE  (John  Stuart).— Lay  Sermons. 
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BRIDGES  (John  A.).— Idylls  of  a  Lost 
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BRIMLEY  (George).— Essays.  Globe  Svo.  ss. 

BUNYAN  (John).— The  Pilgrim's  Progress 
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BUTCHER  (Prof.  S.  H.)— Some  Aspects  of 
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CARLYLE  (Thomas),    (.S"^.?  Biography,) 

CHURCH  (Dean).— Miscellaneous  Wri- 
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Essays. — II.  Dante  :  and  other  Essays, 
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Sir  F,  Pollock,     Cr,  Svo.     Sj.  6d. 

CLOUGH  (A.  H.).— Prose  Remains.  With 
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COLLINS  (J.  Churton).— The  Study  ok 
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About  Money  :  and  other  Things.     Cr. 

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Sermons  out  of  Church.    Cr.  Svo.    6s. 


20 


LITERATURE. 


LITERATURE. 

Collected  Works ;  Essays :  Lectures ; 
Letters;  Miscellaneous  Wor^LS—contd. 
DE  VERE  (Aubrey).— Essays  Chiefly  on 

Poetry.     2  vols.     Globe  8vo.     12s. 
Essays,  Chiefly  Literary  and  Ethi- 
cal.    Globe  8vo.     6s. 

DRYDEN,  Essays  of.  Edited  by  Prof. 
C.  D.  Yonge.  Fcp.  8vo.  2s.  6d.  (See  also 
Globe  Library,  p.  20.) 

DUFF  (Rt.  Hon.  Sir  M.  E.  Grant).— Miscel- 
lanies, Political  and  Literary.  Bvo. 
10s.  6d. 

EMERSON(RalphWaldo).— The  Collected 
Works.  6  vols.  Globe  Bvo.  5^.  each. — 
I.  Miscellanies.  With  an  Introductory 
Essay  by  John  Mokley. — IL  Essays.— 
in.  Poems.— IV.  English  Traits;  Re- 
presentative Men. —V.  Conduct  of  Life; 
vSociETY  and  Solitude. — VI.  Letters  ; 
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FITZGERALD  (Edward):  Letters  and 
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26 


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31 


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33 


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VAUGHAN  (Rev.  D.  J.).— The  Present 
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our  Christian  Hope.  Hulsean  Lectures 
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VAUGHAN  (Rev.  Robert).— Stones  from 
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VENN  (Rev.  John).— On  some  Character- 
istics OF  Belief,  Scientific,  and  Re- 
ligious. Hulsean  Lectures,  1869,  Svo.  ts.bd. 

WARINGTON  (G.).— The  Week  of  Crea- 
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WELLDON  (Rev.  J.  E.  C.).— The  Spiritual 
Lifk:  and  other  Sermons.    Cr.  Svo.    ts. 

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ham).—On  the  Religious  Office  of  the 
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Gifts  FOR  Ministry.  Addresses  to  Can- 
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WICKHAM  (Rev.  E.  C.).— Wellington 
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WILKINS  (Prof.  A.  S.).— The  Light  of  thr 
World:  An  Essay,  and  Ed.  Cr.Svo.  3J.6rf 

WILSON  0-  M.,  Archdeacon  of  Manchester)^ 
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Eumenides.     With   Verse    Translation,. 

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ARISTOTLE.— The  First  Book  of  the 
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The  Politics.     By  J.  E.  C.  Welldon,. 

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lish Prose,  by  S.  H.  Butcher,  M.A.,  andl 
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The  Odyssey.    Books  I.— XII.    TransL 

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MELEAGER.— Fifty  Poems.  Translated 
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PLATO.— TiMiKUS.  With  Translation,  by 
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POLYBIUS.— The  Histories.  By  E.  S. 
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SOPHOCLES.— CEdipus  the  King.  Trans- 
lated into  English  Verse  by  E.  D.  A.  MoRS- 
HEAD,  M.A.    Fcp.  Svo.    3s.  6d. 

THEOCRITUS,  BION,  and  MOSCHUS. 
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VOYAGES  AND  TRAVELS. 


37 


XENOPHON.— The  Complete  Works. 
By  H.  G.  Dakyns,  M.A.  Cr.  8vo.— Vol.  I. 
The  Anabasis  and  Books  I.  and  II.  of 
The  Hellenica.    los.  6d. 

\Vol.  II.  in  the  Press. 

From  the  ItaJian. 
DANTE,— The   Purgatory.     With  Transl. 

and  Notes,  by  A.  J.  Butler.  Cr.  8vo.  \7.s.td. 
• The  Paradise.    By  the  same.    2nd  Edit. 

Cr.  8vo.    1 2 J.  td. 

The  Inferno.     By  the  same.     Cr.  Svo. 

De    Monarchia.     By  F.   J.   Church. 

Svo.    4^.  td. 

The  Divine  Comedy.  By  C.  E.  Nor- 
ton.    I.  Hell.     Cr.  Svo.     ds. 

From  the  Latin. 

CICERO.— The  Life  and  Letters  of  Mar- 
cus Tullius  Cicero.  By  the  Rev.  G.  E. 
Jeans,  M.A.    2nd  Edit.    Cr.  Svo.    loy.  td. 

The  Academics.  ByJ.S.REiD.  Svo.  5^.6^. 

HORACE :  The  Works  of.  By  J.  Lonsdale, 
M.A.,  and  S.  Lee,  M.A.    Gl.  Svo,    35.  6^, 

The  Odes  in  a  Metrical  Paraphrase. 

ByR.M.HovENDEN,B.A.  Ext.fcp.8vo.  i^.td. 

Life  and  Character  :  an  Epitome  of 

HIS  Satires  and  Epistles.     By  R.   M. 
HovENDEN,  B.A,    Ext.  fcp.  Svo.    i,s.  6d. 

Word  for  Word  from  Horace  :   The 

Odes  Literally  Versified.    By  W.  T.  Thorn- 
ton, C.B.    Cr.  Svo.    7.y.  dd. 

JUVENAL.— Thirteen  Satires.  By  Alex. 
Leeper,  LL.D.    Cr.  Svo.    3^.  6d. 

LIVY.— Books  XXL— XXV.  The  Second 
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MARCUS  AURELIUS  ANTONINUS.— 
Book  IV,  of  the  Meditations.  With 
Translation  and  Commentary,  by  H.  Cross- 
ley,  M.A.    Svo.    6.y. 

SALLUST.— The  Conspiracy  of  Catiline 
AND  THE  Jugurthine  War.  By  A.  W. 
Pollard,    Cr.  Svo.    6j.— Catiline,    3^, 

TACITUS,    The    Works    of.       By    A,    J, 
Church,  M.A.,  and  W.  J,  Brodribb,  M.A, 
The  History.    4th  Edit.    Cr.  Svo.    6s. 
The  Agricola  and  Germania,    With  the 

Dialogue  on  Oratory,    Cr.  Svo.    4*.  6d. 
The  Annals.    5th  Edit.    Cr.  Svo,    7J.  6d. 

VIRGIL  :  The  Works  of.  By  J,  Lonsdale, 
M.A.,  and  S.  Lee,  M.A,    Globe  Svo.    y.  6d. 

The  ^neid.    By  J.  W,  Mackail,  M,A, 

Cr.  Svo.    js.  6d.  ' 

Into  Latin  and  Greek  Verse. 

CHURCH  (Rev.  A.  J.).— Latin  Version  of 
Selections  from  Tennyson.  By  Prof. 
CoNiNGTON,  Prof.  Seeley,  Dr.  Hessey, 
T.  E.  Kebbel,  &c.  Edited  by  A.  J.  Church, 
M.A.    Ext.  fcp.  Svo.    6s. 

GEDDES  (Prof.  W.  D.),— Flosculi  Gr.eci 
Boreales.    Cr.  Svo.    dr. 

KYNASTON  (Herbert  D.D,).— Exemplaria 
Cheltoniensia,    Ext,  fcp,  «vo.    5J, 


VOYAGES  AND  TRAVELS. 

{See  also  History;  Sport,) 
APPLETON  (T.    G.).— A    Nile    Journal, 
Illustrated  by  Eugene  Benson.  Cr.  Svo.   6.y, 
"BACCHANTE."    The  Cruise  of  H.M.S, 
"  Bacchante,"  1879 — 1S82.    Compiled  from 
the  Private  Journals,  Letters  and  Note-books 
of  Prince    Albert  Victor   and    Prince 
George  of  Wales.     By  the   Rev.  Canon 
Dalton.    2  vols,    Med.  Svo.    525-.  6d. 
BAKER    (Sir    Samuel    W.).--Ismailia.      A 
Narrative    of    the    Expedition    to    Central 
Africa  for  the  Suppression  of  the  Slave  Trade, 
organised   by   Ismail,    Khedive  of  Egypt. 
Cr.  Svo,     6s. 

The  Nile  Tributaries  of  Abyssinia, 

AND  the  Sword  Hunters  of  the  Hamran 
Arabs.    Cr.  Svo.    6s. 

The  Albert  N'yanza  Great  Basin  of 

the  Nile  and  Exploration  of  the  Ni^e 
Sources.    Cr.  Svo.    6s. 

Cyprus  AS  I  SAW  IT  in  1879.   ^vo.    12s.  6d. 

BARKER  (Lady). —A  Year's  Housekeeping 

in  South  Africa.    lUustr.    Cr.  Svo.    3^.  6d. 

Station  Life  in  New  Zealand.    Cr. 

Svo.    35-,  6d. 

Letters  to  Guy.    Cr.  Svo.    5s. 

BOUGHTON  (G.  H.)  and  ABBEY  (E.  A.),— 

Sketching  Rambles  in  Holland.    With 

Illustrations.     Fcp.  4to.    2i.y. 
BRYCE    (James,    M.P.).  —  Transcaucasia 

AND  Ararat.    3rd  Edit.    Cr,  Svo.    gs. 
CAMERON  (V,  L.).— Our  Future  Highway 

to  India,    2  vols.    Cr.  Svo.    21J. 
CAMPBELL  (J.  F.).— My  Circular  Notes. 

Cr.  Svo.    6s. 
CARLES(W.R.).— LifeinCorea.  8vo.i2j.6rf. 
CAUCASUS  :    Notes  ON  THE,     By  "Wan- 
derer,"   Svo,    gs. 
CRAIK  (Mrs,), — An    Unknown    Country. 

Illustr.  by  F.  NoelPaton.  Roy.  Svo.  -js.dd. 

An  Unsentimental  Journey  through 

Cornwall.    Illustrated.    4to.    12s.  6d. 

DILKE  (Sir  Charles).    (See  Politics.) 
DUFF  (Right  Hon.  SirM.  E.  Grant).— Notes 

OF  AN  Indian  Journey.    Svo.    10s.  6d. 
FORBES  (Archibald). — Souvenirs  of  some 

Continents.    Cr.  Svo.    6s. 

Battles,    Bivouacs,    and    Barracks. 

Cr.  Svo.     js.  6d. 

FULLERTON  (W.  M.),— In  Cairo.     Fcp. 

Svo.     3^,  6d. 
GONE  TO  TEXAS:    Letters  from   Our 

Boys.  Ed,  by  Thos.  Hughes,  Cr.Svo,  4^.6^. 
GORDON    (Lady    DuflF).  —  Last    Letters 

from  Egypt,  towhich  are  added  Letters 

FROM  the  Cape.    2nd  Edit.    Cr.  Svo.    gs. 
GREEN    (W.    S.).— Among    the    Selkirk 

Glaciers.    Cr.  8vo.    js.  6d. 
HOOKER  (Sir  Joseph  D.)  and  BALL  (J.).— 

Journal  of  a  Tour  in  Marocco  and  the 

Great  Atlas.    Svo,    2i.r, 
HUBNER  (Baron  von).— A  Ramble  Round 

the  World.    Cr.  Svo.    6s. 
HUGHES  (Thos.). —Rugby,  Tennessee.  Cr. 

Svo.    4J.  6d. 
KINGSLEY  (Charles).— At  Last  :  A  Christ- 
mas in  the  West  Indies.    Cr.  Svo.    3^.  6d. 


38 


VOYAGES  AND  TRAVELS— BOOKS  FOR  THE  YOUNG. 


VOYAGES  AND  TRAVELS-<^/r««^^. 

KINGSLEY  (Henry).  —  Tales  of  Old 
Travel.    Cr.  8vo.    3s.  6d. 

KIPLING  (J.  L.).— Beast  and  Man  in 
India.     Illustrated.     8vo.     ais. 

MACMILLAN  (Rev.  Hugh).— Holidays  on 
High  Lands  ;  or.  Rambles  and  Incidents  in 
Search  of  Alpine  Plants.    Globe  8vo.    6s. 

MAHAFFY  (Prof.  J.  P.).— Rambles  and 
Studies  in  Greece.  Illust.  Cr.Svo.  los.Sd. 

MAHAFFY  (Prof.  J.  P.)  and  ROGERS 
(J.  E.). — Sketches  from  a  Tour  through 
Holland  and  Germany.  Illustrated  by 
J.  E.  Rogers.    Ext.  cr.  8vo.    los.  6d. 

MURRAY  (E.  C.  Granville).— Round  about 
France.    Cr.  8vo.    js.  td. 

NORDENSKIOLD.  —  Voyage  of  the 
"Vega"  round  Asia  and  Europe.  By 
Baron  A-  E.  Von  Nordenskiold.  Trans,  by 
Alex.  Leslie.  400  Illustrations,  Maps,  etc. 
2  vols.  8vo.  45  J. — Popular  Edit.  Cr.  8vo.  6s. 

The  Arctic  Voyages  of  Adolph  Eric 

Nordenskiold,  1858 — 79.    By  Alexander 
Leslie.    8vo.    i6,y. 

OLIPHANT  (Mrs.).  {See  History.) 
OLIVER  (Capt.  S.  P.).— Madagascar  :  An 
Historical  and  Descriptive  Account  of 
THE  Island  and  its  former  Dependen- 
cies. 2  vols.  Med.  8vo.  52^.  6d. 
PALGRAVE  (W.  Gifford).— A  Narrative 
of  a  Year's  Journey  through  Central 
AND  Eastern  Arabia,  1862-63.  Cr.  8vo.  6s. 

Dutch  Guiana.    8vo.    9^. 

Ulysses  ;    or.    Scenes    and    Studies    in 

many  Lands.    8vo.    12^.  6d. 

PERSIA,  EASTERN.    An  Account  of  the 

Journeys    of    the    Persian    Boundary 

Commission,  1870-71-72.     2  vols.     8vo.    42s. 
ST.    JOHNSTON    (A.).— Camping   among 

Cannibals.    Cr.  8vo.    4J.  6d. 
SANDYS  (J.  E.).— An  Easter  Vacation  in 

Greece.    Cr.  8vo.    3J.  6d. 
STRANGFORD    (Viscountess).  —  Egyptian 

Sepulchres  and  Syrian  Shrines.     New 

Edition.    Cr.  8vo.    js.  6d. 
TAVERNIER  (Baron) :  Travels  in  India 

of   Jean    Baptists  Tavernier.    Transl. 

by  V.  Ball,  LL.D,    2  vols.    Svo.    42J. 
TRISTRAM.    {See  Illustrated  Books.) 
TURNER  (Rev.  G.).    {See  Anthropology.) 
WALLACE  (A.  R.).  {See  Natural  History.) 
WATERTON    (Charles).— Wanderings    in 

South   America,   the    North-West   of 

the  United  States,  and  the  Antilles, 

Edited  by  Rev.  T.  G.  Wood.     Illustr.     Cr. 

Svo.    6s. — Peoples  Edition.    4to.    6d. 
WATSON  (R.  Spence).-A  Visit  to  "^kikh, 

THE  Sacred  City  OF  Morocco.  8vo.  \os.6d. 

TOUNG,  Books  for  the. 

{See  also  Biblical  History,  p.  30.) 
iESOP— CALDECOTT.— Some   of    /Esop's 
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Desigjns  by  Randolph  Caldecott.  4to.  sj. 
ARIOSTO.— Paladin  and  Saracen.  Stories 
from  Ariosto.      By  H.   C.   Hollway-Cal- 
thROP.    Illustrated.    Cr.  Svo.    6*. 
ATKINSON  (Rev.  J.   C.).— The  Last  op 
THE  Giant  Killers.    Glob*  Svo.    3*.  6d. 


AWDRY  (Frances).— The  Story  of  a  Fel- 
low Soldier.  (A  Life  of  Bishop  Patteson 
for  the  Young.)    Globe  Svo.    is.  6d. 

BAKER  (Sir  Samuel  White).— True  Tales 
FOR  MY  Grandsons.  Illustrated  by  W.  J. 
Hennessy.    Cr.  Svo.    3^^.  6d. 

Cast  up  by  the  Sea  :  or,  The  Adven- 
tures OF  Ned  Gray.  Illustrated  by  Huard. 
Cr.  Svo.     6s. 

BUMBLEBEE  BOGO'S  BUDGET.  By  a 
Retired  Judge.  Illustrated  by  Alick 
Havers.  Cr.  Svo.  2j.  6d. 
CARROLL  (Lewis).— Alice's  Adventures 
IN  Wonderland.  With  42  Illustrations  by 
Tenniel.  Cr.  Svo.  6s.  net. 
People's    Edition.      With    all    the    original 

Illustrations.    Cr.  Svo.    2j.  6d.  net. 
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Alice's   Adventures   Under-ground. 

Being  a  Fascimile  of  the  Original  MS.  Book, 
afterwards  developed  into  "  Alice's  Adven- 
tures in  Wonderland."  With  27  Illustrations 
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Through     the    Looking-Glass    and 

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Rhyme?  and  Reason?  With  65  Illus- 
trations by  Arthur  B.  Frost,  and  9  by 
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TheNursery"Alice."  TwentyColoured 

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TheHuNTINGOFTHeSnARK,  An  AGONY 

IN  Eight  Fits.  With  9  Illustrations  by 
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CLIFFORD  (Mrs.  W.K.).— Anyhow  Stories. 

With  Illustrations  by  Dorothy  Tennant. 

Cr.  Svo.    IS.  6d. ;  paper  covers,  ijr. 
CORBETT  (Julian).— For  God  and  Gold. 

Cr.  Svo.    dr. 
CRAIK  (Mrs.).— Alice  Learmont  :  A  Fairy 

Tale.    Illustrated.    Globe  Svo.    4^.  6d. 
The  Adventures  of  a  Brownie.    Illus- 
trated by  Mrs.  Allingham.    G1.  Svo.  4^.6^. 
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Ralston.    Cr.  Svo.    4^.  6d. 
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Svo.    2S.  td. 

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Children's  Poetry.  Ex.fcp.8vo.  ^.6eL 

Songs  of  our  Youth.    Small  410.    6s. 


BOOKS  FOR  THE  YOUNG— ZOOLOGY. 


39 


DE  MORGAN  (Mary).— The  Necklace  of 
Princess  Fiorimonde,  and  other  Stories. 
Illustrated  by  Walter  Crane.  Ext.  fcp. 
8vo.  3*.  6^/.— Large  Paper  Ed.,  with  Illus- 
trations on  India  Paper.    loo  copies  printed- 

FOWLER  (W.  W.).  (.S-*^  Natural  History.) 

GREENWOOD  Qessy  E.).— The  Moon 
Maiden:  AND  OTHER  Stories.  Cr.Svo.  y.6d. 

GRIMM'S  FAIRY  TALES.  Translated  by 
Lucy  Crane,  and  Illustrated  by  Walter 
Crane.     Cr.  8vo.    dr. 

KEARY  (A.  and  E.).— The  Heroes  of 
AsGARD.  Tales  from  Scandinavian  My- 
thology.   Globe  8vo.    2S.  6d. 

KEARY  (E.).— The  Magic  Valley.  Illustr. 
by"E.V.B."    Globe  8vo.    4s.  6d. 

KINGSLEY   (Charles).— The  Heroes;    or, 

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MADAME  TABBY'S  ESTABLISHMENT. 
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MAGUIRE  (J.  F.).— Young  Prince  Mari- 
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the  Page.    Cr.  Svo.    3^.  6d. 

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40 


ZOOLOGY. 


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brates. Adapted  by  W.  Newton  Parker. 
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Practical  Zoology. 

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HUXLEY  (T.  H.)  and  MARTIN  (H.  N.).— 
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ning" and  "Porcupine,"  1868-69-70.  Witb 
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LUBBOCK  (Sir  John).— The  Origin  and- 
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Ornithology. 

COUES  (Elliott).— Key  to  North  American 
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nithology.   Illustrated.    8vo.    los.  net. 

F0WLER(W.  W.).  (6-^^  Natural  History.> 

WHITE  (Gilbert).    (.See  Natural  Historv.> 


INDEX. 


page 

•  37 

•  33 


4, 

20 

3 

6, 

20, 

33 
14 

2 

27 
20 
23 
3 
14 

Abbey  (E.  A.)   . 

Abbot  (F.E.)  . 

ABBOTT(Rev.  E.)  3>i3>3o,3i.33 

AcLAND(Sir  H.W.).         .     22 

Adams  (Sir  F.  O.)    .        .     28 

Adams  (Herbert  B,).        .     28 

Addison    . 

Agassiz  (L.) 

AiNGER(Rev.  A.)  4 

AiNSLIE  (A.  D.). 

Airy  (Sir  G.  B.) 

AiTKEN  (Mary  C.) 

Aitken  (Sir  W.) 

Albemarle  (Earl  of) 

Aldrich  (T.  B.) 

Alexander  (C.  F.) 

Alexander  (T.) 

Alexander  (Bishop) 

Allbutt  (T.  C.) 

Allen  (G.) 

Allingham  (W.) 

Amiel(H.F.)  . 

Anderson  (A.). 

Anderson  (Dr.  McCall) 

Andrews  (Dr.  Thomas) 

Appleton  (T.  G.)     . 

Archer-Hind  (R.D.) 

Arnold,  M.  8,14,19,20,21,30 
9 
9 
3 


Arnold  (Dr.  T.) 
Arnold  (W.  T.) 
Ashley (W 
Atkinson  ' 
Atkinson 


(feev.J.C.) 


Attwell  (H.)  . 
Austin  (Alfred) 
Autenrieth  (Georg) 
AWDRY  (F.) 
Bacon  (Francis) 
Baines  (Rev.  E.) 
Baker  fSirS.W.)  28, 
Balch  (Elizabeth) 
Baldwin  (Prof.  J.  M 
Balfour  (Rt.  Hon.  j 
Balfour  (F.  M.) 
Balfour  (J.  B.) 
Ball  (V.) . 
Ball  (W.  Piatt) 
Ball  (W.  W.  R.) 
Ballance  (C.  a.) 
Barker  (Lady) 
Barnard  (C.)  . 
Barnes  (W.)     . 
Barry  (Bishop). 
Bartholomew  (J 
Bartlett  (J.) . 
Barwell  (R.)  . 
Bastable  (Prof.  C.  F 
Bastian  (H.  C.) 
Bateson  (W.)  . 
Bath  (Marquis  of) 
Bather  (Archdeacon) 
Baxter  (L.)     . 
Beesly  (Mrs.)  . 
Benham  (Rev.W.) 
Benson  (Archbishop) 
Berlioz  (H.  , 


14 

•  7 

•  38 
19,  20 

•  33 
30.  37. 38 

.  12 
)   .  26 

J.)   2S 

•5,6 
.  6 
.  38 
.   6 


!,  ».  37 
.  27 

•  3 

•  33 
.   3 

•  7 
.  22 
.  28 
6,  22 
.  6 
.  28 

•  33 

•  3 
.   9 

20,  32 

32,  33 

•  3 


Bernard  (J.H.) 
Bernard  (M.)  . 
Berners  (J.)    . 
Besant  (W.)    . 
Bethune-Baker  (J 
Bettany  (G.  T.) 
Bickerton  (T.  H.) 
Bigelow(M.  M.) 
Bik6las  (D.)    . 
BiNNiE  (Rev.W.) 
BiRKS  (T.  R.)    .     6, 

BjORNSON  (B.)  . 

Black  (W.)      . 
Blackburne(E.) 
Blackik  I  J.  S.) 
Blake  (J.  F.)   . 
Blake  (W.)      . 
Blakiston  (J.  R.) 
Blanford(H.  F.) 
Blanford  (W.  T.) 
Blomfield  (R.) 
Blyth  (A.  W.) . 
Bohm-Bawerk  (Prof. 
BOISSEVAIN  (G.  M.) 

Boldrewood  (Rolf  )• 
Bonar  (J.) 
Bond  (Rev.  J.). 
Boole  (G.) 
Boughton  (G.  H.) 
Boutmy  (E.)     . 
Bowen(H.C.). 
Bower  (F.  O.)  . 
Bridges  (J.  A.). 


page 
•    25 


F.) 


4 

.  'I 

.       22- 
.       12 

•  17 

•  33 
30,  33 

•  17 
.       4 

•  3^ 
14,  19 


9.  27 
9.  24 


INDEX. 


4r 


PAGE 

Bright  (H.  A.).  .  •  9 
Bright  (John)  .  .  28,  29 
Brimley(G.)  .  .  .19 
Brodie  (Sir  B.  C.)  •  -7 
Brodribb  (W.  J.)  .  13,  37 
Brooke  (Sir  J.)  •  -3 
Brooke  (S.  A.)  13,  14,  ai,  33 
Brooks  (Bishop)  .  .  33 
Brown  (A.  C.)  •  •  •  26 
Brown  (J.  A.)  .  .  .  i 
Brown  (Dr.  Tames)  .  .  4 
Brown  (T.  E.  )  .  .  .  14 
Browne  (  T.  H.  B.)  .  .  11 
Browne  (Sir  T.)  .  .  20 
Browne  (W.R.)  .  .  27 
BRUNTON(Dr.T.  Lauder)  22, 33 
Bryce  (James)  .  .  9,  28,  37 
BUCHHEIM  (C.  A.)     .  .      20 

Buckland  (A.).  •  .  5 
Buckley  (A.  B )  .  .  9 
Bucknill  (Dr.  J.  C.)  .  22 
BUCKTON  (G.  B.)  .  .  40 
Bunyan  .  .  .4,  19,  20 
BurgonQ.W.)  .  .  14 
Burke  (E.)  ...  28 
Burn  (R.).  .  .  .  i 
Burnett  (F.  Hodgson)  .  17 
Burns  ...  14,  20 
Bury  (J.  B.)      ...      9 

BuTCHER(Prof.  S.  H.)  13,19,36 

Butler  ^A.  J.).  .  .  37 
Butler  (Rev.  G.)  .  .  33 
Butler  (Samuel)  .  .  14 
Butler  ( W.  Archer)  .  33 
BuTLER(SirW.  F.)  .  .  4 
Byron  .  .  .  .20 
Cairnes  (J.  E.)  .  .  29 
Caldecott  (R.)  .12,  38,  39 
Calderwood  (Prof.  H.) 

8,  25,  26 
Calvert  (Rev.  A.)  . 
Cameron  (V.  L.) 
Campbell  (J.  F.)  . 
Campbell  (Dr.  J.  M.)  . 
Campbell  (Prof.  Lewis)  5 
Capes  (W.  W.)  . 
Carles  (W.  R.) 
Carlyle(T.)  . 
Carmarthen  (Lady) 
Carnarvon  (Earl  of) 
Carwot  (N.  L.  G.)  . 
Carpenter  (Bishop) 
Carr(J.C.)  . 
Carroll  (Lewis) 
Carter  (R.  Brudenell) 
Cassbl  (Dr.  D.) 
Cautley(G.  S.) 
Cazenove 
Chalmers 
Chalmers  yx.^.  m^.,  . 
Chapman  (Elizabeth  R.) 
Chasseresse  (Diana) 
Cherry  (R.  R.) 
Cheyne  (C.  H.  H.)  .  .2 
Cheyne(T.  K.)  .  .  30 
Christie  (J.)  .  .  .23 
Christie  (W.  D.)  .  .  ao 
Church  (Prof.  A.  H.)  .  6 
Church  (Rev.  A.  J.)  4,  30,  37 
Church  (F.  J.).  .  20,37 
Church  (Dean)  3,4ii3.i9.3i.33 
Clark  (}.  W.)  ...  20 
Clark  (L.)  ...  a 
Clark  (S.)        ...      3 


(G.  S.)  . 
ta.G.)  . 
sp.B.)  . 
s(M.D.)  . 


33 

•  31 

•  37 

•  37 

•  33 

•  13 

•  37 

•  3 

•  17 
.  36 
.  27 
.  33 

2 
a6,  38 

•  23 

•  9 

•  14 

•  33 
.   8 

«9 
14 
30 

12 


page 
Clarke  (C.  B.).  .  9,  28 
Clausius  (R.)  .  .  .27 
Clifford  (Ed.)  .  .  3 
Clifford  (W.  K.)  .  19,  26 
Clifford  (Mrs.  W.  K.)  .  38 
Clough  (A.  H.)  .  14,  19 
Cobden  (R.)  .  .  .29 
Cohen  (J.  B.)  ...  7 
colenso  (j.  w.)  .  .  32 
Coleridge  (S.  T.)  •  .  14 
Collier  (Hon.  John)  .  2 
Collins  CJ.  Churton)  .  19 
COLQUHOUN  (F.  S.)  .  .  14 
Colvin  (Sidney)  .  4,  20 
Combe  (G.)  ...  8 
CoNGREVE  (Rev.  J.)  .  .  33 
Conway  (Hugh)  .  .  17 
Cook  (E.  T.)  .  .  .2 
Cooke  (C.  Kinloch)  .  .  24 
Cooke  (J.  P.)  .  .  7,  34 
Corbett  (J.)  .  .  4,  17,  38 
Corfield  (W.  H.)  .  .11 
CORRY  (T.  H.)  .  .  .6 
Cotterill(J.H.)  .  .  8 
Cotton  (Bishop)  .  .  34 
Cotton  (C.)  .  .  .  la 
Cotton  (J.  S.)  .  .  .  39 
Coues  (E.)  .  .  .  40 
Couriwope(W.  J.)  .  .  4 
Cowell(G.)  .  .  .23 
CowpER  .  .  .  .20 
Cox(G.V.)  ...  9 
CRAiK(Mrs.)i4, 17, 19,  ao,  37, 38 
Craik  (H.)  .  .  8,  29 
Crane  (Lucy)  .  .  2,  39 
Crane  (Walter)  .     39 

Craven  (Mrs.  D.)  .  .8 
Crawford  (F.  M.)  .  .  17 
Creighton  (Bishop  M.)  4,  10 

CRICHTON-BROWNE(SirJ.)        8 

Cross  (J.  A.)  .  .  .30 
Crossley  (E.)  ...  2 
Crossley  (H.)  .  .  .37 
Gumming  (L.)  .  .  .  26 
Cunningham  (C.)  .  .  28 
Cunningham  (Sir  H.S.).  17 
Cunningham  (Rev.  J.)  .  31 
Cunningha.m  (Rev.  W)3i, 33,34 

CUNYNGHAME  (Sir  A.  1.)  .      24 

Curteis  (Rev.  G.  H.)  32,  34 
Dahn  (F.)  ...  17 
Dakyns  (H.  G.)  .  .  37 
Dale(A.W.W.)  .  .  31 
Dalton  (Rev.  J.  N.)  .  37 
Dante  .  .  .3,  13,  37 
Davies  (Rev.  J.  LI.).  20,  31,  34 
Davies(W.)  ...  5 
Dawkins(W.B.)  .  .  I 
Dawson  (G.  M.)  .  .  9 
Dawson  (Sir  J.  W.)..  .  9 
Dawson  (J.)  .  .  .  1 
Day(L.B.)  ...  17 
Day(R.  E.)  ...  26 
Defoe  (D.)  .  .  4,  20 
Deighton  (K.).  .  .  IS 
Delamotte  (P.  H.).  .  2 
Dell(E.C.)  ...  12 
De  Morgan  (M.)  .  .  39 
De  Vere  (A.)  .  .  .  20 
Dicey  (A.  V.)  .  .  12,  29 
Dickens  (C.)  .  .  5,  17 
Diggle  (Rev.  J.  W.).  .  34 
Dilke  (Ashton  W.)  .  .  19 
Dilke  (Sir  Charles  W.)    .     29 


PAGE 

Dillwyn  (E.  a.)       .        .     17 

DOBSON  (A.)        ...         4 

Donaldson  (J.)  .  .  33 
Donisthorpe  (W.)  .  .  29 
DowDEN  (E.)  .  .  4,  13.  15 
Doyle  (Sir  F.  H.)  .  .  14 
Doyle  (J.  A.)  .  .  .  10 
Drake  (B.)       ...    36 

DRUMMOND(Prof.  J.)         •      34 

Dryden  .  .  .  .20 
Du  Cane  (E.  F.)  .  .  a<) 
DuFF(Sir  M.E.Grant)  20,29,37 
DuNSMUiR  (A.).  .  .  17 
DUNTZER  (H.)  .  .  .  4.  5 
Dupr6(A.)  ...  7 
Dyer(L.).  ...  I 
Eadie  (J.).  .  .  4,  30i  31 
East  LAKE  (Lady)  .  .  3^ 
Ebers(G.)  ...  17 
Edgeworth  (Prof.  F.  Y.).  28 
Edmunds  (Dr.  W.)  .  .  22 
Edwards-Moss  (Sir  J.  E.)  30 
EiMER  (G.  H.  T.)  .  .  6 
Elderton  (W.  A.)  .  .  9 
Ellerton  (Rev.  J.) .  .  34 
Elliot  (Hon.  A.)  .  .  29 
Ellis  (T.).  .  .  .  » 
Emerson  (R.  W.)  .  4i  20 
Evans  (S.)  ...  14 
Everett  (J.  D.)  .  .  26 
Falconer  (Lanoe) 


•  17 

Farrar  (Archdeacon)  5,  30,  34 
.29 

•  7 

28,  29 
5,28 
.  24 
.     27 


FARRER(SirT.  H.) 
Faulkner  (F.). 

FAWCETT(Prof.H.). 

Fawcett  (M.  G.)     . 
Fay  (Amy) 
Fearnley  (W.) 
Fearon  (D.  R.) 
Ferrel  (W.)     . 
Ferrers  (N.  M.) 
Fessenden  (C.) 
Finck(H.T.)  . 
Fisher  (Rev.  O.) 


.     27 

:  :? 

z 

26,  27 
FiSKE  (J.).  6,  10,  25,  29,  34 
Fison(L.).  .  .  .1 
Fitch  (J.  G.)  ...  8 
FiTZ  Gerald  (Caroline)  .  14 
Fitzgerald  (Edward)    14,20 

13 
7 
17 
39 
23 
37 
} 
34 
27 


FiTZMAURiCE  (Lord  E.) 
Fleay(F.G.)  . 
Fleischer  (E.). 
Fleming  (G.)   . 
Flower  (Prof.  W.  H.) 
FlOckiger(F.A.)    . 
Forbes  (A.) 
Forbes  (Prof.  G.) 
Forbes  (Rev.  G.  H.) 
Foster  (Prof.  M.)    . 
FoTHERGiLL  (Dr.  J.  M.)    8,  a^ 
FowLE  (Rev.  T.  W.). 


29,  34 

4,25 

24 

23 

ag 


Fowler  (Rev.  T.) 
Fowler  (W.  W.)       . 
Fox  (Dr.  Wilson)       . 
FoxwELL  (Prof.  H.  S) 
Framji  (D.)      . 
Frankland  (P.  F.)  . 
Fraser  (Bishop)       .        .     34 
Fraser-Tytler  (C.  C.)   .     14 
Frazer  (J.  G.)  . 
Frederick  (Mrs.)    . 
Freeman  (Prof.  E.  A.) 

, 2.  4,  10,  29,  3a 

French  (G.R.)        .        .    13 


42 


INDEX. 


Friedmann  (P.) 
Frost  (A.  B.)    . 
Froude(J.  A.). 
FUI.LERTON  (W.  M.) 
Furniss  (Harry) 
Furnivall  (F.  J.)    . 
Fyffe(C.A.)    . 
Fyfe(H.  H.)    . 
Gairdner(J.)  . 
Galton  (FO     . 
Gamgee  (Arthur)      . 
Gardner  (Percy) 
Garnett  (R.)  . 
Garnett  (W.)  . 
Gaskell  (Mrs.) 
Gaskoin  (Mrs.  H.)  . 
Geddes  (W.  D.) 
Gee  (W.  H.)      . 
Geikie  (Sir  A.). 
Gennadius  (J.) 
GiBBiNS  (H.  de  B.)   . 
Gibbon  (Charles) 
Gilchrist  (A.). 
Giles  (P.). 
GiLMAN  (N.  P.) 
GiLMORE  (Rev. . 
Gladstone  (Dr 
Gladstone  (W 


^E.). 


PAGE 
3 
38 
4 
37 
38 
14 
10 

9 

4 

1,27 

27 

I 

14 

5 

12 

30 

13,  37 

26,  27 

.9,  27 

17 

10 

3 

3 

25 

28 

13 


13 

2,8 

3 

5 

4,  14 

20,  21 

6 


Glaister  (E.) 

godfray  (h.)  . 

Godkin(G.  S.). 

GoETHE      . 

Goldsmith       4,  12,  14, 
Good  ALE  (Prof.  G.  L.) 

GOODFELLOW  (J.)        . 

Gordon  (General  C.  G.)  .  4 
Gordon  (Lady  DufF)  .  37 
GoscHEN  (Rt.  Hon.  G.  J.).  28 
GossE  (Edmund)  .  4,  13 
Gow(J.)    . 

Graham  (D.)  .  .  .14 
Graham  (J.  W.)  .  .  17 
Grand'homme  (E.) .  .  8 
Gray  (Prof.  Andrew)  .  26 
Gray  (Asa)  ...  6 
Gray  ...  4,  14,  21 
Green  (J.  R.)  .  9,  10,  12,  20 
Green  (Mrs.  J.  R.)  ,  4,  9,  10 
Green  (W.S.).  .  .  37 
Greenhill(W.  A.)  .  .  20 
Greenwood  (J.  E.)  .  .  39 
Griffiths  (W.  H.)  .  .  23 
Grimm  .  .  .  .39 
Grove  (Sir  G.) .  .  9,  24 
Guest  (E.)  .  .  .  10 
Guest  (M.J.)  ...  10 
Guillemin  (A.)  .  26,  27 
GuizoT  (F.  P.  G.)  .  .  5 
GUNTON  (G.)  .  .  .  28 
Hales  (J.  W.)  .  .  16,  20 
Hallward  (R.  F.)  .  .  12 
Hamerton  (P.  G.)  .  2,  21 
Hamilton  (Prof.  D.  J.)  .  23 
Hamilton  (J.).  .  .  34 
Hanbury(D.).  .  6,23 
Hannay  (David)  .  .  4 
Hardwick  (Archd.  C.)  31,  34 
Hardy  (A.  S.)  ...  17 
Hardy  (T.)  ...  17 
Hare  (A.  W.)  ...  20 
Hare  (J.C.)  .  .  20,  34 
Harper  (Father  Thos.)  25,34 
Harris  (Rev.  G.  C).  .  34 
Harrison  (F.).        .     4,  5,  21 


Harrison  (Miss  J.) .  .      i 

Harte  (Bret)    .        .  .     17 

Hartig  (Dr.  R.)       .  .6 

Hartley  (Prof.  W.  N.)  .      7 

Harwood  (G.)  .        .21,  29,  32 

Hayes  (A.)       .        .  .14 

Headlam  (W.).        .  .     36 

Helps  (Sir  A.)  .        •  .21 

Hempel  (Dr.  W.)      .  .       7 

Herodotus      .        .  .3"^ 

Herrick  .        .        .  .20 

HERTEL(Dr.)  ...  8 
Hill  (F.  Davenport).  .  29 
Hill(0.).  .  .  .  29 
HiORNs(A.  H.)  .  .  23 
Hobart  (Lord)  .  .  21 
Hobday  (E.)  ...  9 
Hodgson  (Rev.  T.  T.)  .  4 
Hoffding  (Prof.  H.)  .  26 
Hofmann  (A.  W.)  .  .  7 
Hole  (Rev,  C).  .  7,  lo 
Holiday  (Henry)  ,  .  38 
Holland  (T.  E.)  .  12,29 
Hollway-Calthrop(H.)  38 
Holmes  (O.  W.,junr.)  .  12 
Homer  ...  13,  36 
Hooker  (Sir  J.  D.)  .  6,  37 
Hoole  (C.  H.)  .  .  .  30 
Hooper  (G.)  ...  4 
Hooper  (W.H.)  .  .  2 
Hope  (F.J.)  ...  9 
Hopkins  (E.)  .  .  .14 
Hoppus(M.  A.  M.)  .  .  18 
Horace  ...  13,  20 
HoRT  (Prof.  F.  J.  A.).  30,  32 
HoRTON  (Hon.  S.  D.)       .    28 

HOVENDEN  (R.  M.)  .  .       37 

Howell  (George)  .  .  28 
Howes  (G.  B.)  .  .  .40 
HowiTT  (A.  W.)  .  .  I 
HowsoN  (Very  Rev.  J.  S.) 
HoziER  (Col.  H.  M.). 
HuBNER  (Baron) 
Hughes  (T.)  4,  15 
Hull  (E.). 
Hullah  (J.)  . 
-K) 


32 

•  24 

•  37 
20,  37 

.  2,  9 
20,  24 
Hume(D.V  ...  4 
HuMPHRY(Prof.SirG.M.)  28,39 
Hunt(W.)  ...  id 
Hun't(W.M.).  .  .  2 
HUTTON  (R.  H.)       .  4,  21 

Huxley (T.)4j  21 ,  27, 28, 29, 40 

34 
10 
9 


(T.)4,2i, 
Iddings(J.  p.). 
Illingworth  (Rev.  J.  R.) 
Ingram  (T.  D.) 
Irving  (J.)        . 
I Rvi NG  (Washington) 
Jackson  (Helen) 
Jacob  (Rev.  J.  A.)    . 
James  (Henry).        .  4,  i* 
James  (Rev.  H.  A.)  . 
James  (Prof  W.)      . 

JARDINE  (Rev.  R.)     . 
jEANs(Rev.  G.  E.)   . 
JEBB  (Prof.  R.  C.)     . 
Jellett  (Rev.  J.  H.) 
Jenks  (Prof.  Ed.)'  . 
Jennings  (A.  C.) 
Jevons(W.  S.).     4,26,28 
Jex-Blake  (Sophia). 
Johnson  (Amy) 
Johnson  (Samuel)    . 
Tones  (H.  Arthur)     . 
Jones  (Prof.  D.  E.)  . 


•  34 
.  26 
.     26 

34.  37 
10,  13 

•  34 

•  29 
10,  30 


PAGE 

•  7 

•  25 

39 
4 

•  31 
10,  18,  39 

.     39 

.  4,  20,  21 

25 

34 

26 


Jones  (F.). 

Kant        .... 
Kari  .... 

KAVANAGH(Rt.Hn.A.M.) 
Kay  (R«v.  W.)  . 
Keary  (Annie). 
Keary  (Eliza)  . 
Keats 

Kellner  (Dr.  L.) 
Kellogg  (Rev.  S.  H.)      . 
Kempe(A.  B.). 
Kennedy  (Prof.  A.  B.  W.) 
Kennedy  (B.H.)     . 
Keynes  (J.  N.). 
Kiepert(H.)   . 

KiLLEN  (W.  D.) 

KiNGSLEY  (Charles)  . 
11,12,13,15,18,21,24, 
KiNGSLEY(Henry)    . 
Kipling  (J.  L.). 
Kipling  (Rudyard)  . 

KiRKPATRICK  (Prof.) 

Klein  (Dr.  E.). 
Knight  (W.)    . 
KUENEN  (Prof.  A.)    . 
Kyn ASTON  (Rev.  H.) 
Labberton  (R.  H.)  . 
Lafargue  (P.). 
Lamb. 

Lanciani  (Prof.  R.). 
Landauer(J.). 
Landor  ...  4, 
Lane-Poole  (S.) 
Lanfrey  (P.)  . 
Lang  (Andrew).  2,  12,  21, 
Lang  (Prof.  Arnold). 
Langley  (J.  N.) 
Lankester  (Prof.  Ray)  6, 
Laslett  (T.)  . 
Leaf(W.).  .  .  13, 
Leahy  (Sergeant)  . 
Lea(M.)  ....  18 
Lee  (S.)  ...  20,  37 
Leeper  (A.)  .  .  '37 
Legge  (A.  O.)  .  .  10,  34 
Lemon  (Mark)  .  .  .20 
Leslie  (A.)  .  .  •  38 
Leth bridge  (Sir  Roper)  .  10 
Levy  (Amy)  .  .  .18 
Lewis  (R.)  ...  13 
LiGHTFOOT(Bp.)  21,30,31,33,34 
Lightwood  (J.  M.)  .  .  12 
Lindsay  (Dr.  J.  A.) 
LOCKYER  (J.  N.) 
Lodge  (Prof.  O.J.)  . 
Loewy(B.) 
LoFTiE  (Mrs.  W.  J.) 
Longfellow  (H.  W.) 
Lonsdale  (J.)  • 
Lowe  (W.  H.)  . 
Lowell  (J.  R.). 
Lubbock  (Sir  J.)  6,8 
Lucas  (F.) 

LUPTON  (S.) 
Lyall  (Sir  Alfred) 
Lyte(H.C.M.) 
Lytton  (Earl  of) 
MacAlister  (D.) 
Macarthur  (M.) 
Macaulay  (G.  C.) 
Maccoll  (Norman) 
M'Cosh  (Dr.  J.) 
Macuonald  (G.) 
Macdonell  (J.) 


36 
26,  28 

•  9 

•  32 
4,  8,  10, 

i  32, 37. 39 
20,  38 


•  34 
6,  23 
.     14 

•  30 
34,  37 

•  3 
.     18 

4,  20,  21 
2 

•  7 
4,  20 


23 

3.7 

27 

21 

27 

26 

2 

)   . 

20 

20 

37 

30 

15 

21 

21,22 

.40 

15 

7 

4 

10 

18 

. 

23 

. 

ID 

36 

14 

25 

26 

16 

. 

29 

INDEX. 


4S 


PAGE 

MackailQ.  W.)      .        .  37 

Mackenzie  (Sir  Morell)  ,  23 

Maclagan  (Dr.  T.).        .  23 

Maclaren  (Rev.  Alex.)  .  34 

Maclaren  (Archibald)    .  39 

Maclean-  (W.  C.)  .  .  23 
MACLE.\K(Rev.Dr.G.F.)  30,32 

M'Lexnan(J.F.)     .        .  I 

M'Lennan  (Malcolm)      .  18 

MACMILLAN(Rev.  H.)22,35,38 

Macmillan  (Michael)  5,  15 
Macnamara  (C.)  .  .  23 
Macquoid(K.  S.)  .  .  18 
Madoc(F.)  ...  18 
Maguire(J.  F.)        .        .     39 

MAHAFFY(Prof.  J.  P.) 

2,   II,   13,  22,  25,  35,  38 

Maitland  (F.  W.)  .  12,  29 
Malet(L.)  ...  18 
Malory  (Sir  T.)  .  .  20 
Mansfield  (C.  B.)  .  .  7 
Markham  (C.  R.)  .  .  4 
Marriott  (J.  A.  R.).  .  5 
Marshall  (Prof.  A.)  .  28 
Marshall  (M.  P)  .  .28 
Martel  (C.)  .  .  .24 
Martin  (Frances)  .  3,  39 
Martin  (Frederick).  .  28 
Martin  (H.N.)  .  .  40 
Martineau  (H.)  .  .  5 
Martineai;  (J.)  .  .  5 
Masson(D.)  4,5,15,16,20,22,26 
Masson  (G.)  .  .  7,  20 
Masson(R.O.)  .  ,  16 
Maturin  (Rev.  W.).  .  35 
Maudsley  (Dr.  H.)  .  .26 
Maurice  (Fredk.  Denison) 

8,  22,  25,  30,  31,  32,  35 
Maurice  (Col. F.)  .  5,24,29 
Max  MiJLLER  (F.)  .  .  25 
Mayer  (A.M.).  •  .  -27 
Mayor  (J- B.)  ...  31 
Mayor  (Prof.  J.  E.  B.)  .  3,  5 
Mazini  (L.)  .  .  -39 
M'Cormick(W.S.).  .  13 
Meldola  (Prof.  R.).  7,  26,  27 
Mendenhall  (T.  C.)  .  27 
Mercier  (Dr.  C.)  .  .  23 
Mercur  (Prof.  J.)  .  .  24 
Meredith  (G.).  .  .  15 
Meredith  (L.  A.)  .  .  12 
Meyer  (E.  von)  .  .  7 
Miall  (a.)  ...  5 
Michelet  (M.)  .  .  II 
Mill(H.R.)  ...  9 
Miller  (R.K.).  .  .  3 
MiLLIGAN  (Rev.  W.).  31,  35 
Milton  .  .  13,  15,  20 
MiNTo(Prof.W.)  .  4,18 
Mitford  (A.  B.)  .  .  18 
Mivart  (St.  George).  .  28 
Mixter(W.G.)  .  .  7 
Mohammad  .  .  .20 
Molesworth  (Mrs.)  .  39 
Molloy  (G.)  .  .  .  26 
monahan  (j.  h.)  .  .  12 
montelius  (o.)  .  .  1 
Moore(C.  H.).  .  .  2 
Moorhouse  (Bishop)  .  35 
MoRisoN  (J.  C.)        .        .  3,  4 

MORLEY  (John).  3,  4,   16,  22 

Morris  (Mowbray)  .  .  4 
Morris  (R.)  .  .  20,  25 
morshead  [e.  d.  a.)      .    36 


PAGE 
MOULTON  (L.  C.)        .  .       15 

Mudie(C.E.)  ...  15 
Muir(M.  M.P.)  .  .  7 
Mi;LLER(H.)    ...      6 

MULLINGER  (J.  B.)    .  .       II 

Murphy  (J.  J.).  .  .  26 
Murray  (D.Christie)  .  18 
Murray(E.  C.  G.)  .  .  38 
Myers  (E.)  .  .  15,  36 
Myers  (F.  W.  H.)  .  4,  15,  22 
Mylne  (Bishop)  .  .  35 
Nadal  (E.  S.)  .  .  .  22 
Nettleship  (H.).  »  .  13 
Newcastle    (Duke    and 

Duchess)  .  .  .20 
Newcomb  (S.)  ...  3 
Newton  (Sir  C.  T.).  .  2 
Nichol(J.)  .  .  4,  13 
Noel  (Lady  A.)        .        .     18 

NORDENSKIOLD  (A.  E.)       .       38 

Norgate  (Kate)  .  .11 
NORRIS  (W.  E.)  .         .     18 

Norton  (Charles  Eliot)  3,  37 
Norton  (Hon.  Mrs.)  15,  18 
OLIPHANT(MrS.  M.  O.  W.) 

4,  II,  13,  19,  20,  39 
Oliphant  (T.  L.  K.)  22,  25 
Oliver  (Prof.  D.)  .  .  6 
Oliver  (Capt.  S.  P.).  .  38 
Oman(C.W.)  ...  4 
Ostwald  (Prof.)  .  .  7 
Ott6(E.  0  ...  II 
Page(T.E.)  ...  31 
Palgrave  (Sir  F.)  .  .  11 
Palgrave(F.T.) 

2,  15,  16,  20,  21,  33,  39 
Palgrave  (R.  F.  D.)  .  29 
Palgrave  (R.  H.  Inglis)  .  28 
Palgrave  (W.  G.)  15,  29,  38 
Palmer  (Lady  S.)  .  .  19 
Parker  (T.  J.).  .  6,39 
Parker  (W.  N.)  .  .  40 
Parkinson  (S.)  .  •  27 
Parkman  (F.)  .  .  .11 
Parsons  (Alfred)  .  .  12 
Pasteur  (L.)  ...  7 
Pater  (W.  H.)  .  2,  19,  22 

Paterson  (J.)  .  .  .12 
Patmore  (Coventry)  20,  39 
Patteson  (J.  C.)  .  .5 
Pattison  (Mark)  .  4,  5,  35 
Payne  (E.J.)  .  .  10,29 
Peabody  (C.  H.)  .  8,  27 
Peel(E.).  ...  15 
Peile(J.).  .  .  .25 
Pellissier  (E.)  .  .  25 
Pennell  (J.)  ...  2 
Pennington  (R.)  .      g 

Penrose  (F.C.)  .  .  i,  3 
Perry  (Prof.  J.)  .  .27 
Pettigrew  (J.  B.)  .  6,  28,  40 
Phillimore  0- G.)  .  .  12 
Phillips  (J.  A.)  .  .  23 
Phillips  (W.  C.)  .  .  2 
PiCTON  (J.  A.)  .  .  .  22 
Piffard(H.  G.)  .  .  23 
Plato  .  .  .  .20 
Plumptre  (Dean)  .  .  35 
Pollard  (A.  W.)  .  .  37 
Pollock  ( Sir  Fk.  ,2nd  Bart.)  5 
PoLLOCK(Sir  F.,Bart.)  12,22,29 
Pollock  (Lady)  .  .  2 
Pollock  (W.  H.)  .  .2 
Poole  (M.  E.)  .        .        .    22 


Poole  (R.L.)   . 
Pope  .... 
POSTE  (E.)         .         .        : 
Potter  (L.) 
Potter  (R.)      . 
Preston  (T.)    . 
Price  (L.  L.  F.  R.)   . 
Prickard  (A.  O.) 
Prince  Albert  Victor 
Prince  George 
Procter  (F.)    . 
Propert  (J.  L.) 
Radcliffe  (C.  B.)   . 
Ramsay  (W.)    . 
Ransome(C.)  . 
Rathbone(W.) 
Rawlinson  (W.G.). 
Rawnsley  (H.  D.)  . 
Ray  (P.  K.)      . 
Rayleigh  (Lord) 
Reichel  (Bishop)     . 
Reid(J.S.)       . 
Remsen (L) 
Rendall  (Rev.  F.)  . 
Rendu  (M.leC.)      . 
Reynolds  (H.  R.)   . 
Reynolds  (J.  R.)     . 

Reynolds  (O.). 

Richardson  (B.  W.) 

Richey(A.  G.). 
Robinson  (Preb.  H.  G.) 

Robinson  (J.  L.) 

Robinson  (Matthew) 

Rochester  (Bishop  of) 

Rockstro  (W.  S.)    . 

Rogers  Q.E.T.)     .11, 

Romanes  (G.  J.) 

RoscoE(Sir  H.E.)  . 

Roscoe  (W.  C.) 

Rosebery  (Earl  of) . 

Rosenbusch(H.)     . 

Ross  (P.)  . 

rossetti  (c.  g.) 

routledge  (j.) 

Rowe(F.J.)     . 

RiJCKER  (Prof.  A.  W.) 

Rum  FORD  (Count)     . 

Rushbrooke  (W.  G.) 

Russell  (Dean) 

Russell  (Sir  Charles) 

Russell  (W.  Clark)  . 

Ryland  (F.)     . 

Ryle  (Prof.  H.  E.)    . 

St.  Johnston  (A.)  .19, 

Sadler  (H.) 

Saintsbury  (G.)      .         4,  13 

Salmon  (Rev.  G.)     .        .     35 

Sandford  (M.  E.)    .        .      5 

Sandys  (J.  E.).        .        .    38 

Sayce(A.H.)  . 

Schaff  (P.)      .        .        .30 

SCHLIEMANN  (Dr.)    . 

Schorlemmer  (C.)  .  .  7 
Scott  (D.  H.)  .  .  .6 
Scott  (Sir  W.).  .  15,20 
ScRATCHLEY  (Sir  Peter)  .  24 
SCUDDER  (S.  H.)        .  .     40 

Seaton  (Dr.  E.  C.)  .  .  23 
Seeley  (J.  R.  ) .  .  .  II 
Seiler  (Dr.  Carl)  .  23,  28 
SELBORNEfEarloO  12,20,32,33 
Sellers (E.  )  . 
Service  (J.)  .  .  32,  35 
Skwell  (E.  M.)        .        .     "n 


37 
37 
32 

2 
3 
7 
13^ 


15 
26 
27 
35 
37 

7 
35. 

9 
35 
23 
II 

23 
12 

35 
24 
5. 
5 
4 
,29 
6 
7 
15 
4 
9- 
19 
39 

16 

7 
22  • 

31 

35 
29 

.  19 
13 

„   30 

38,  39 


44 


INDEX. 


PAGE 


4,  15 

13,   15,  20,  21 
.  8,27 

•  5 
15,  21 
35 
19 
24 


Shairp  (J.  C.) 
•Shakespeare 
5hann  (G.) 
.Sharp  (W.) 
:Shelley  . 
Shirley  (W.N.)      . 
•Shorthouse  (J.  H,) 
Shortland  (Admiral) 

:Shuchhardt  (Carl).  .      2 

iShuckburgh  (E.  S. )  11,36 

■Shufeldt  (R.  W.)  .  .     40 

:SiBsoN  (Dr.F.)        .  .    23 

SiDGwiCK  (Prof.  H.)  26,  28,  29 

SiME  (J.)    .            .            .  9,   10 

Simpson  (Rev.  W.)  .  .     32 

Skeat  (W.W.)        .  .     13 

Skrine  (J.  H.).        .  5,  IS 

Slade  (J.  H.)  .        .  .8 

Sloman  (Rev.  A.)    .  .     31 

:  Smart  (W.)      .        .  .28 

•Smalley(G.W.)     .  .     22 

:Smetham  (J.  and  S.)  .      5 

Smith  (A.)       .        .  .20 

.Smith  (C.  B.)  .  .  .  16 
Smith  (Goldwin)  .  4,  5,  29 
Smith  (H.)  ...  16 
■  Smith  (J.)         ...      6 

•  Smith  (Rev.  T.)  .  .  35 
Smith  (W.  G.)  .  .  .6 
Smith  (W.S.)  .        .  .35 

•  Somerville  (Prof.  W.)  .  6 
Southey  ....      5 

•  Spender  0-  K..)  .  .  23 
Spenser    .        .        .  .20 

"Spottiswoode  (W.).  .     27 

Stanley  (Dean)       .  .    35 

^Stanley  (Hon.  Maude)  .     29 

Statham  (R.)  .        .  .29 

Stebbing(W.).        .  .      4 

Stephen  (C.E.)       .  .      8 
Stephen  (H.)  . 
Stephen  (Sir  J.F.) 
Stephen  (J.  K.) 
Stephen  (L.)    . 
Stephens  (J.  B.) 

:  Stevenson  (J.  J.)     .  .      2 

Stewart  (A.)  .        •  •     39 

•  Stewart  (Balfour)  26,  27,  35 
Stewart  (S.  A.)  .  .  6 
Stokes  (Sir  G.  G.)  .  .  27 
Story  (R.  H.)  .        .  .      3 

.Stone  (W.H.).        .  .     27 

'  Strachey  (Sir  E.)    .  .     20 

STRACHEY(Gen.  R.).  .  9 
:STRANGFORD(Viscountess)    38 

'Strettell(A.)        .  .16 

Stubbs  (Rev.  C.  W.).  .    35 

Stubbs  (Bishop)       .  .     31 

Sutherland  (A.)    .  .      9 

SymondsCJ.  A.)        .  .      4 

Symonds  (Mrs.  J.  A.)  .  5 
Symons  (A.)      ...     16 

Tait  (Archbishop)    .  .     35 

Tait  (C.  W.  A.)        .  .11 

'Tait  (Prof.  P.  G.)      26,  27,  35 


13 

II,  13,  22 
13 
4 
16 


Tanner  (H.)    . 
Tavernier  (J.  B.)    . 
Taylor  (Franklin)    . 
Taylor  (Isaac). 
Taylor  (Sedley) 
Tegetmeier  (W.  B.) 
Temple  (Bishop) 
Temple  (Sir  R.) 
Tennant  (Dorothy). 
Tenniel   . 

Tennyson         .         14, 
Tennyson  (Frederick) 
Tennyson  (Hallam). 
Thompson  (D 'A,  W.) 
Thompson  (E.). 
Thompson  (S.  P.)     . 
Thomson  (A.  W.)     . 
Thomson  (Sir  C.  W.) 
Thomson  (Hugh)     . 
Thomson  (Sir  Wm.)  24, 
Thorne  (Dr.  Thome) 
Thornton  (J.). 
Thornton  (W.  T.)    26, 
Thorpe  (T.  E.). 
Thring(E.)      . 
ThruppQ.  F.). 
Thudichum  (T.  L.  W.) 
Thursfield  0-  R-)  • 
Todhunter  (I.) 
Torrens  (W.  M.)     . 
Tourg^nief  (I.  S.)  . 
Tout  (T.  F.)     . 
Tozer(H.  F.)  . 
Traill  (H.  D.). 
Trench  (Capt.  F.)    . 
Trench  (Archbishop) 
Trevelyan  (Sir  G.  O.) 
Tribe  (A.). 
Tristram  (W.  O.)    . 
Trollope  (A.)  . 
Truman  (J.)     . 
Tucker  (T.G.) 
TuLLOCH  (Principal). 
Turner  (C.  Tennyson) 
Turner  (G.)     . 
Turner  (H.  H.)        . 
Turner  (J.  M.  W.)  . 
Tylor(E.  B.)   . 
Tyrwhitt(R.  St.  J.) 
Vaughan  (C.  J.)    31,32, 
Vaughan  (Rev.  D.J.) 
Vaughan  (Rev.  E.  T.) 
Vaughan  (Rev.  R.) . 
Veley  (M.) 
Venn  (Rev.  J.). 
Vernon  (Hon.  W.  W.) 
Verrall(A.W.)      . 
Verrall  (Mrs.) 
Wain  (Louis)    . 
Waldstein  (C.) 
Walker  (Prof.  F.  A.) 
Wallace  (A.  R.)     .  6, 
Wallace  (Sir  D.  M.) 
Walpole(S.)   . 
Walton  (I.)     . 


.  38 
.  24 
25,  35 
24,  27 
8 
35 
4 
38 
38 


27 

8 

40 

12 

26,  27 

23 

6 

29,  37 
7 

;,  22 
30 

7 
4 
5,8 
5 
19 
II 

.    9 

,  29 

29 

35 


2,  16 
35,  36 
20,  36 
.  36 
.     36 

•  19 
26,  36 

•  13 
13.  36 

I 

•  39 

2 
.  28 
24,  28 
.  29 
.     29 


page 
Ward  (A.  W.)  .  .  4,  13,  20 
Ward  (H.  M.)  .  .  .6 
Ward(S.).  ...  16 
Ward(T.H.)  ...  16 
Ward  (Mrs.  T.  H.)  .  19,  39 
Ward(W.)  .  .  5,32 
Warington  (G.)  .  .  36 
Waters  (C.  A.)  .  .  28 
Waterton  (Charles)  24,  38 
Watson  (E.)  .  .  .  s 
Watson  (R.S.)  .  .  38 
Webb(W.T.)  ...  16 
Webster  (Mrs.  A.)  .  .  39 
Welby-Gregory  (Lady)  .  32 
Welldon  (Rev.  J.  E.  C.) .  36 
Westcott  (Bp.)  30,  31,  32,  36 
Westermarck  (E.).  .  I 
Wetherell  (J.)  .  .  25 
Wheeler  (J.  T.)  .  .  11 
Whewell(W.).  .  .  5 
White  (Gilbert)  .  .  24 
White  (Dr.  W.  Hale)  .  23 
White  (W.)  .  .  .27 
Whitham  (J.  M.)  .  .  8 
Whitney  (W.  D.)  .  .  8 
Whittier(J.  G.)  .  16,22 
Wickham  (Rev.  E.  C.)     .     36 

WiCKSTEED  (P.  H.)  .  28,  30 

Wiedersheim  (R.)  .        .     40 

WiLBRAHAM  (F.  M.).  .       32 

WiLKiNS  (Prof.  A.  S.)  2,  13,  36 

Wilkinson  (S.)        .  .    24 

Williams  (G.  H.)     .  .      9 

Williams  (Montagu)  .      5 

Williams  (S.  E.)      .  .     13 

Willoughby(F.)     .  .    39 

Wills  (W.  G.)  .        .  .    16^ 

Wilson  (A.  J.)  .        .  .    29 

Wilson  (Sir  C.)        .  .      4 

Wilson  (Sir  D.)       .  i,  3,  13 

Wilson  (Dr.  G.)        .  4,  5,  22 

Wilson  (Archdeacon)  .     36 

Wilson  (Mary).        .  .     13 
WiNGATE  (Major  F.  R.)  .     24 

WiNKWORTH  (C.)        .  .         5 

WoLSELEY  (Gen.  Viscount)  24 
Wood  (A.  G.)  ...  16 
Wood  (Rev.  E.  G.)  .  .  36 
Woods  (Rev.  F.H.).  .  i 
Woods  (Miss  M.  A.).  17,  33 
Woodward  (C.  M.).  .  8 
WOOLNER  (T.)  ...  16 
Wordsworth  .  5,  14,  16,  21 
WoRTHEY  (Mrs.)  .  .  xg 
Wright  (Rev.  A.)  .  .  31 
Wright  {C.  E.  G.)  .  .  8 
Wright  (J.)  .  .  .  21 
Wright  (L.)  . 
Wright  (W.Aldis)  8,15, 
Wurtz  (Ad.)  . 
Wyatt  (Sir  M.  D. )  . 
YoNGE  (C.  M.)  5,  6,  8, 10, 
19,  21,25, 
Young  (E.W.) 
ZlEGLER  (Dr.  E.)       . 


27 
20,31 
7 


30.39 


MACMILLAN   AND    CO. 

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